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C  H  A  R  T  E  R 


ITED  STATES  FREEHOLD  LAI 


illAT. 


ANY. 


ACT    OF    CONGRESS,    APPROVED    JULY    8th,   1870, 


n  c  to  -  ij  0  r  K 

.    A  M  K  H  M  A  \ 
N«v  47  C'EDAi; 


■HMMMMIMMMHIM 


O  H  A  K  T  E  1 


'MKillATKlX  ('0)IPA\Y 


ACT    or    CONGRESS,    APPROVED    JULY    8th.   1870. 


n  e  to  -  n  0  I J^  • 
\v.\\mi:kman.    PBINTKU 

No.  47   (.'KDAU   Sthkkt. 


(PlTttCATK.) 


FORTY- Fl RST 


CONGRESS  OF  THE  Ul^lTEl)  STATES, 

At  the  Second  Session,  begun  and  held  at  the  City 

of  Washington,  in  the  District  of  Columbia,  on 

Monday,  the  sixth  day  of  December, 

eighteen  hundred  and  sixty-nine. 


AN  ACT 


TO  INCOKrORATE  THE  UNITED  STAT  IS  FRKKIIOLD  LAND  AND 
EMIGRATION  COMPANY,  AND  TO  CONFIRM  CERTAIN  ^EQiS- 
LATION  IN  OOLOKADO  TERRITORY.  f^         ' 

Be  it  enacted  by  the  Senate  and  House  of  Eq)resenta- 
tives  of  the  United  States  of  America,  in  Co7igress  as- 
isemUed^ 

That  William  Gilpin,  Atnbrose  E.  Burnsidc,  S.  L.  M. 
Barlow,  Charles  A.  Lainhaid,  AV^illiam  II.  Ivcynolds, 
lliraui  Hitchcock,  Henry  W.  Cfray,  Morton  C.  Fisher, 
and  such  other  porsons  as  may  bo  associated  with  them 
and  their  successors,  aro  hereby  created  a  body  politic 
and  corporate,  in  the  Territories  of  Colorado  and  New 
Mexico,  by  the  name,  style  and  title  of  tlie  United  States 
Freehold  Land  and  Kniigration  Company,  and  by  that 
name  shall  have  succession,  and  shall  be  able  to  sue  and 
be  sued,  plead  and  be  impleaded,  defend  and  be  defended, 
in  all  proper  courts  of  law  and  equity,  and  may  make 
and  have  a  common  seal. 


Skc.  *J.  AtiJ  he  itfxntJur  enacted,  Tliat  tlic  oapital  slock 
of  tlio  s:\iii  coi'ioration  shall  l>e  two  and  one-liulf  millions 
of  dollrti*s,  divivled  into  shares  ^^i  one  luindred  d««lh\i*8 
oacli,  and  the  same  shall  bo  deemed  to  be  personal  pro- 
perty aiul  transferable  on  the  books  of  tlie  company  only, 
and  snch  capital  stock  may  be  increaj^ed  from  time  to 
time  to  the  extent  necessary  to  carry  ont  the  objects  for 
which  said  company  is  formed,  not  exceedini;  in  the 
whole  the  sum  of  ten  million  dollars,  ni>on  a  vote  of  two- 
thirds  in  amount  oi  the  stock  for  the  time  being  in  f\\vor 
of  such  increase. 

Sec.  3.  And  he  it  further  enacted,  Tliat  the  said  corn^ 
pany  shall  have  power  to  make  snch  by-laws  as  it  deems 
proper  for  the  disposition  ofit«  property  and  estate,  anil 
for  the  manajrement  of  its  business  and  affairs,  for  the  regu- 
lation of  tlie  term  of  otHce  of  its  olVicers  and  their  duties, 
and  to  carry  out  the  general  objects  of  the  corporation, 
and  the  same  to  amend  or  re}^eal  at  pleasure  :  Provided, 
That  such  by-laws  shall  not  conllict  with  any  law  of  the 
United  States,  or  of  the  Territories  of  Colorado  and  New 
Mexico,  or  the  States  which  may  be  fv>rmed  therein. 

Sec.  4.  And  he  it  further  enacted,  That  the  corporators 
named  in  this  act  shall  bo  the  directors  for  the  lirst  year 
from  the  organization  of  the  company,  and  until  others 
are  elected  ;  and  thereafter,  annual  elections  Qt  directors, 
not  less  than  live  or  more  than  nine  in  number,  shall  he 
held  by  the  stockholders,  at  meetings  to  le  called  for 
that  purpose,  at  which  each  share  of  stock  present,  in 
person  or  by  proxy,  shall  be  entitled  to  one  vote,  and  the 
majority  thereof  shall  elect. 

Sec.  5.  And  he  it  further  enacted^  Taat  the  gor.er.ii  o  .- 
jects  of  such  corporation  are,  and  are  hereby  declared  to 
be  as  follows :  To  promote  and  encourage  emigration 
to,  and  establish  settlement*  on,  the  lands  of  said  com- 
pany, in  the  San  Luis  Park,  in  the  Territories  of  Tv  ^-i :v 
do  and  New  Mexico,  and,  in  connection  thcrewit 
establish  such   agencies   as  it  may  deem  desirable;    la 


purchase,  holii,  lease,  sell  and  mortgage  any  real  estate 
situate  in  the  San  Luis  Park,  in  said  Territories,  or  cither 
of  tliom,  now  owned  or  contracted  for  by  any  of  the  per- 
sons named  in  the  lirst  section  of  this  act,  with  any  co-ten- 
ant tiiereof,  his  or  their  heire  or  assigns ;  to  survey,  lay  out 
and  improve  the  same;  to  ostablisli,  maintain  and  oper- 
ate wagon  roads,  to  and  upon  its  property  ;  to  construct 
and  maintain  a  rail-road  and  telegrajdi  lino  from  any 
point  on  lands  of  said  company,  in  the  San  Luis  Park,  to 
the  nearest  and  most  practicable  point  on  either  the  Kan- 
sas Pacitic  Kail  Road,  the  Union  Pacitic  Rail-Road,  th« 
Denver  Branch  Rail-Road,  or  the  Atchison,  Topeka  and 
Santa  Fe  Rail-Road  ;  and  the  said  company,  for  the  pur- 
pose oi  building  and  operating  such  rail-road,  shall  have 
the  right  of  way  through  the  public  lands  of  the  United 
States,  trom  and  between  the  points  aforesaid,  tiie  said 
right  of  way  being  to  the  extent  of  two  hundred  feet  on 
each  sitle  of  said  rail-road  line  ;  and  such  corporation  shall 
possess  all  the  franchises  necessary  to  enable  it  to  build 
and  operate  such  rail- road  for  the  transportation  of  freight 
and  i^assengers,  and  to  collect  and  receive  compensation 
therefor;  and  the  powers,  privileges  and  franchises  con- 
ferred on  corporations,  by  and  under  the  provisions  of 
cliapter  eighteen  of  the  revised  statutes  of  Colorado,  or 
of  any  and  all  amendments  thereto,  are  hereby  confirmed 
to  and  invested  in  said  corporation,  subject  to  said 
statutes,  for  the  purposes  of  this  act :  Provided^  That  this 
act  shall  not  be  construed  to  permit  said  company  to  ac- 
quire title  to  any  other  lands  or  real  estate  than  such  as 
is  above  mentioned. 

Sic.  6.  And  he  it  further  enacted^  Thai  such  corpora- 
tion may  make  and  dispose  of  its  bonds  or  other  obligations 
in  such  amounts,  at  such  rates,  and  on  such  terms  as  it  may 
deem  most  for  its  interest,  for  the  purpose  of  borrowing 
money  for  the  purposes  atoresaid,  and  may  secure  the 
same  by  a  mortgage  upon  all  or  any  j>art  of  its  property, 
Mud  m1]  ^'♦^  ^.1' oliises.  and  mav  make  the  same  and  the 


interest  thereon  payable  at  such  place  or  places  as  it 
may  deem  proper,  and  may  hold  and  transfer  such  real 
estate  aforesaid,  and  personal  property,  as  may  be  neces- 
sary lor  the  carrying  out  of  it:s  jzenoral  purposes,  and  may 
issue  it5  stock  and  bonds  for  property  and  ap:ain  exchange 
its  property  for  its  bonds  or  stock,  and  may  convert  any 
of  its  obligations,  at  the  option  o(  the  holders,  into  stock 
of  the  company,  without  further  action  o(  the  stock- 
holders. 

Skc.  7.  Afid  he  it  further  niacUJ,  That  this  act  shall 
take  etVect  immediately,  and  shall  at  all  times  be  subject 
to  amendment  or  repeal  by  Congress,  and  said  corpora- 
tion shall  be  subject  to  the  general  laws  of  said  Territo- 
ries, and  the  States  formed  therein,  operating  upon  all 
corporations  eijuallv. 

J.    G.    1>LAINK, 

Spcal'cr  of  the  House  of  Rej^rcsentativcs, 

ScnuYLER  Colfax, 
Vicc-rrcsuhnt  of  the  United  States, 
afid  President  of  the  Senate, 

Approved,  July  S,  IS 70. 

U.  S.  Grant. 

I  certify  that  this  act  originated  in  the  House  oi'  Uep- 
resentatives. 

Attest, 

Ew'n  Mv  ruEKSON. 


UxFFED  States  of  America, 
Dejyartment  of  -^fate. 

To  all  to  whom  these  presents  shall  conic,  u.^v....^  : 

1   certify,   that  hereto  anne.ted   is  a   duplicate,  with 
original  signatures,  of  an  act  of  Congress,  approved  July' 


Sth,  ISTO,  entitled  "An  act  to  incorporate  the  United 
States  Freehold  l^and  and  Emigration  Company,  and  to 
confirm  certain  legislation  in  Colorado  Territory ;"  the 
original  of  which  act  is  on  file  in  this  Department. 

In  testimony  whereof,  I,  Hamilton  Fish, 

Secretary  of   State  of  the  United    States, 

have  hereunto    subscribed  my  name,  and 

■  m?pTX'urof  I   caused  the  seal  of  the  Department  of  State 

^'••''^'-      ^    toboaftixed. 

Done  at  the  City  of  Washington,  this 
oi<;hth  day  of  July,  A.  D.  1S70,  and  of 
the  Independence  of  the  United  States  of 
America  the  ninety-lifth. 

Kamilton  Fisu. 


CHAPTERS  111.  AND  XVIll 


REVISED  STATUTES  OF  COLORADO 


CnAPTEK  III. 


All  aliens  may  take,  by  deed,  will  or  otherwise,  lands 
and  tenements  and  any  interest  therein,  and  alienate, 
sell,  assign  and  transmit  the  same  to  their  heirs  or  any 
other  persons,  whether  such  heirs  or  other  pei-sons  be 
citizens  of  the  United  States  or  not;  and  upon  the  decease 
of  any  alien  having  title  to,  or  interest  in,  any  lands  or 
tenements,  such  lands  and  tenements  shall  pass  and  de- 
scend in  the  same  manner  as  if  such  alien  were  a  citizen  of 
the  United  States ;  and  it  shall  bo  no  objection  to  any 
;  an  interest  in  such  estate,  that  they  are  not 
citizens  of  the  United  States ;  but  all  such  persons  shall 
have  the  same  rights  and  remedies,  and  in  all  things  be 
placed  upon  the  same  footing  as  natural  born  citizens  of 
the  United  States.  The  personal  estate  of  an  alien, 
dying  intestate,  [who  at  the  time  of  his  death  shall  reside 
in  this  territory,]  shall  be  distributed  in  the  same  manner 
as  the  estate  of  natural  born  citizens  ;  and  all  persons  shall 
be  entitled  to  their  j  roper  distributive  shares  of  such 
estate  under  the  laws  of  this  territory,  whetb.t--  t^  '\^-  are 
aliens  or  not. 


CHAPTER  XVIII. 


CORPORATIOXS. 


/  Sbc.  1.  At  any  time  hereafter,  any  three  or  more  per- 
I  eons  who  may  desire  to  form  a  company  for  the  purpose 
of  carrying  on  any  kind  of  mannfactnring,  mining,  me- 
chanical, or  chemical  business ;  construct  wagon  roads, 
rail-roads,  telegraph  lines,  dig  ditches,  build  flumes,  run 
tunr.els,  or  carry  on  any  branch  of  business  designed  to 
aid  in  the  industrial  or  productive  interests  of  the 
country,  may  make,  sign  and  acknowledge  bef(>re  some 
ofticer  competent  to  take  the  acknowledgment  of  deeds, 
duplicate  cortilicatea,  in  writing,  in  which  shall  bo  stated 
the  cor}K>rate  name  of  the  said  company,  and  the  objects 
for  which  the  company  shall  be  formed  ;  the  amount  of 
the  capital  stock  of  the  said  company ;  the  term  of  its  ex- 
istence, not  to  exceed  twenty  years;  the  number  of  shares 
of  which  the  said  stock  shall  consist ;  the  number  of  trus- 
tees and  their  names,  who  shall  manage  the  concerns  of 
the  said  company  for  the  first  year,  and  the  name  of  the 
town  and  county  in  which  the  operations  of  said  company 
shall  be  carried  on,  and  shall  file  one  of  said  certificates 
in  the  office  of  the  county  clerk  of  each  county  wherein 
the  business  of  the  ci>q)oratiou  is  to  be  carried  on,  and 
one  thereof  in  the  ofiice  of  the  secretary  of  the  territory. 
Sec.  *2.  AVhen  the  certificate  shall  have  been  filed  as 
aforesaid,  the  secretary  of  the  territory  shall  record  and 
carefully  i»rescrvc  the  same  in  his  office,  and  a  copy 
thereof,  duly  certified  by  the  secretary  of  the  territory, 
under  the  great  seal  of  the  territory  of  Colorado,  shall  be 
evidence  if  the  existence  of  such  company  ;  and  the  per- 
sons who  shad  have  signed  and  acknowledged  the  same, 


and  their  sncccssors,  shall  be  a  body  i>olitic  and  corporate 
in  tact  and  in  name,  by  the  name  stated  in  such  certifi- 
cate, and  by  that  name  have  succession,  and  shall  be 
capable  of  suing  and  being  sued  in  any  court  of  law  or 
equity  in  this  territory,  and  they  and  their  successors  ]na| 
have  a  common  seal,  and  may  make  or  alter  the  same  al 
pleasure,  and  they  shall,  by  tlieir  corporate  name,  h4 
capable  in  law  of  acquiring  by  purchase,  pre-emption, 
donation  or  otherwise,  or  holding  or  conveying  by  deed 
or  otherwise,  any  real  or  personal  estate  whatever,  which 
may  be  necessary  to  enable  the  said  company  to  carry  on 
their  operations  named  in  the  certificate. 

Sec.  3.  Any  certificate  hereafter  filed  and  recorded 
under  the  provisions  ot  this  article,  may  designate  one  or 
more  places  where  the  company  may  carry  on  their 
business. 

Sec.  4.  If  any  company  shall  be  formed  under  this 
article,  for  the  purpose  of  carrying  on  any  part  of  its 
business  in  any  j^lace  outside  of  this  territory,  the  said 
certificate  shall  so  state,  and  shall  also  state  the  nanie  of 
the  town  and  county  in  which  the  principal  part  of  the 
business  of  said  company,  within  this  territory,  is  to  be 
transacted,  and  said  town  and  county  shall  be  deemed 
the  town,  place  and  county  in  which  the  operations  and 
business  ot  tiie  company  are  to  be  carried  on,  and  its 
principal  place  of  business,  within  the  meaning  and  pro- 
visions of  riiis  article. 

Si:c.  5.  The  stock,  ]>roperty  and  concerns  of  such  com- 
pany shall  be  managed  by  not  less  than  three  nor  more 
than  nine  trustees,  who  shall  respectively  be  stockholders 
in  said  company,  and  who  shall  (except  the  first  year)  be 
annually  elected  by  the  stockholders,  at  such  time  and 
]»lace  :.s  shall  be  directed  by  the  by-laws  of  the  company  ; 
and  public  notice  of  the  time  and" place  of  holding  such 
elections  shall  be  published  not  less  tlian  ten  days  previ 
ous  thereto,  in  the  newspaper  printed  nt?arest  to  the  place 
where  the  operations  of  the  said  company  shall  be  carried 


on,  and  tlic  election  sliall  be  r..a(lc  by  sncli  of  tlic  stock- 
holders as  sliall  attend  for  that  purpose,  either  in  person 
or  1)}^  proxy,  provided  one-half  tho  stock  is  represented. 
AllcU'ctioMS  shall  be  by  ballot,  and  each  stockholder  sliuli 
be  entitled  to  as  many  votes  as  he  owns  shares  of  stiick  in 
the  said  company,  and  the  persons  receiving  the  greatest 
number  of  votes  shall  be  trustees  ;  and  when  any  vacancy 
shall  ha]>pen  among  the  trustees  by  death,  resignation  or 
otherwise,  it  shall  be  filled  for  the  remainder  of  the  year, 
in  such  manner  as  shall  be  i^rovided  by  tho  by-laws  of  the 
said  company. 

Skc.  6.  In  case  it  should  happen  at  any  time  that  an 
election  of  trustees  shall  not  be  made  on  the  day  desig- 
nated by  the  by-laws  of  said  conipany,  when  it  ought  to 
have  been  made,  the  company  for  that  reason  shall  notl)e 
dissolved,  but  it  shall"  be  lawful  on  any  other  day  to  hold 
an  election  for  trustees  in  such  manner  as  shall  be  pro- 
vided for  by  tiie  said  by-laws,  and  all  acts  of  trustees  shall 
be  valid  and  binding  as  against  such  con^pany  until  their 
successors  shall  be  elected. 

Skc.  7.  There  shall  be  a  president  of  the  company,  who 
shall  be  designated  from  the  number  of  the  trustees,  and 
also  such  subordinate  officers  as  the  company  by  its  l)y- 
laws  may  <lesignate,  who  may  b'e  elected  or  appointed, 
"  ■  •>  -•-.(.(]  iQ  ^\yQ  g^j(j]j  security  f«>r  the  faithful  per- 
formance of  the  duties  of  their  offices  as  the  company  by 
its  by-laws  may  require. 

Sko.  8.  It  shall  be  lawful  for  the  trustees  to  call  in  and 
demand  from  the  stockholders,  respectively,  all  such  sums 
of  money  by  them  subscribed,  at  such  time  and  in  such 
payments  or  instalments  as  the  trustees  shall  deem  pro- 
per, not  to  exceed  twenty  per  cent,  in  any  One  month, 
under  the  ])enalty  of  forfeiting  the  sliares  of  stock  sub- 
scribed for,  and  for  all  previous  payments  made  thereon,*^ 
if  payment  shall  not  be  made  by  the  stockholders  within 
sixty  days  after  a  personal  demand  or  notice  rerjuiring 
such   ]  ayment  shall    have    been    published    for  six  sue- 


ccssivo  weeks  in  the  newspaper  nearest  the  ])laco  wlicro 
the  Imsiness  «»f  the  company  sliall  bo  curiicd  on  as 
aforesaid. 

Sko.  9.  The  stockholders  of  such  corporation,  or  the 
trustees,  if  the  bertificate  of  incorporation  so  provide,  shall 
have  power  to  make  such  prudential  by  laws  as  they  shall 
deem  j>ropor,  for  the  management  and  disposition  of  the 
stock  and  business  atlairs  (»f  such  company,  not  incon- 
sistent with  the  laws  of  this  territory,  and  prescribing  thn 
duties  of  officers,  artificers  and  servants  that  may  be  ein- 
I>h»yed  ;  for  the  appointment  of  all  otlicers  and  for  carry- 
ing on  all  kinds ot  business  within  the  objects  and  purj>o6e3 
of  such  company. 

Skc.  10.  The  stock  of  such  company  shall  be  deemed 
personal  estate,  and  shall  be  transferable  in  such  manner 
as  shall  be  prescribed  by  the  by-laws  of  the  company,  but 
no  shares  shall  be  transferable  until  all  ])rovious  calls 
thereon  shall  have  been  fully  paid  in,  or  shall  have  been 
declared  forfeited  for  the  non-payment  of  calls  thereon  ; 
and  it  shall  not  be  lawful  for  such  company  to  use  any  of 
their  funds  for  the  purchase  of  stock  in  any  other  corpora- 
tion, nor  for  the  purchase  of  stock  in  their  own  company 
or  cor])oration,  in  the  corporate  name,  nor  shall  such 
company  or  corporation  acquire  or  hold  any  stock  or  share 
therein,  except  such  as  may  be  forfeited  for  the  non- 
payment of  assessments  thereon. 

Skc.  11.  The  copy  of  any  certificate  of  incorpora- 
tion filed  and  recorded  in  pursuance  of  this  article, 
certified  by  the  secretary  of  the  territory,  under  the  great 
seal  of  the  territory  of  Colorado,  to  be  a  true  copy,  and 
the  whole  of  such  certificate,  shall  be  received  in  all 
courts  and  places  ti^  prima  facie  evidence  of  the  facts 
therein  stated. 

bFc.  12.  All  the  stockholders  of  every  company  incorpo- 
rated under  the  provisions  of  this  article,shall  be  severally' 
individually  liable  to   the  creditors  of   the  company  iai 
which  they  are  stockholders,  to  the  amount  oi  unpaid 


stock  held  by  them  respectively,  for  all  debts  and  con- 
tracts made  by  such  company,  until  the  whole  amount  of 
capital  stuck  iixed  and   limited  shall  be  paid  in,  and  a 
certificate  thereof  shall  have  been  made  and  recorded  as 
prescribed  in  the  followim^  sections,  and  tlie  cajiital  stor^- 
so  Iixed  and  limited  shall  all  be  paid  in,  one-half  ther 
vwithin  one  year,  and  the  other  half  thereof  within  five 
lycars  from  the  incorporation,  or  said  corporation  shall  bo 
"dissolved. 

Skc.  13.  The  trustees  of  such  company  may  purchase 
mines,  manufactories  and  other  ])roperty  necessary  for 
their  business,  and  issue  stock  to  the  amount  of  the  value 
thereof  in  payment  therefor,  and  the  stock  so  issued  shall 
be  declared  and  taken  to  be  full  stock,  and  not  liable  to 
any  further  calls;  neither  shall  the  holders  thereof  bo 
liable  to  any  further  payments  under  the  provisions  of 
the  tenth  section  of  this  article,  but  in  all  statements  and 
reports  of  the  company  to  bo  published,  this  stock  shall 
not  be  stated  or  rej)orted  as  bein:^  issued  for  cash  paid 
into  the  company,  but  shall  be  reported  in  this  respect 
according  to  the  facts. 

Sec.  14.  Tde  president  and  a  majority  of  the  trustees, 
within  thirty  days  after  the  i)aym.ent  of  the  last  instal- 
ment of  the  capital  stock  so  fixed  and  limited  by  the 
company,  shall  make  a  certificate  stating  the  amount  of 
the  capital  so  fixed  and  paid  in;  which  certificate  shall  bo 
si,i,'ned  and  sworn  to  by  the  president  and  a  majority  of 
the  trustees,  and  they  shall,  within  the  said  thirty  days, 
record  the  same  in  the  office  of  the  county  clerk  of  the 
county  wherein  the  business  of  the  said  company  is 
carried  on. 

Sec.  15.  Every  such  company  shall  annually,  within 
twenty  days  from  the  first  day  of  January,  make  a  report, 
which  shall  be  published  in  some  newspaper  publis'.ied  in 
the  town,  city  or  village,  or  if  there  bo  no  newspaper 
published  in  said  town,  city  or  villai^e,  then  iti  some 
newspaper  published  nearest  the  place  where  the  business 


of  said  company  is  carried  on,  which  shall  state  the 
amount  of  capital  and  of  the  proportion  actually  p:iid  in, 
Juul  tho  amount  of  oxistini;  debts;  whicli  report  shall  he 
^i.^noil  hy  the  president  and  a  ujujority  uf  the  trustees, 
JUul  shall  be  verified  by  the  oath  of  the  president  or  secre- 
tary o(  said  eonipany,  and  filed  in  the  otUce  of  the  clerk 
of  the  county  wliere  the  business  of  the  company  sluill  be 
carried  on  ;  and  if  any  of  said  companies  shall  fail  so  to 
*io,  all  the  trustees  of  the  company  shall  be  jointly  and 
severally  liable  for  all  the  liebts  o(  the  company  then  ex- 
istiuir,  antl  for  all  that  shall  be  contracted  before  such  re- 
port shall  bo  made. 

Si:o.  1(».  If  the  trustees  of  any  such  company  shall  de- 
clare and  j>ay  any  dividend  when  the  company  is  insol- 
vent, or  any  dividend,  tlie  payment  of  which  would  render 
it  insolvent,  or  which  would  diminish  the  amount  of  its 
capital  stock,  they  shall  be  jointly  and  severally  liable  fi)r 
all  the  debts  of  the  company  then  existing,  and  for  all 
that  shall  bo  thereafter  contracted  while  they  shall  re- 
spectively continue  in  office:  J^'ovidcd,  That  if  any  of 
the  trustees  shall  object  to  the  declaring  of  such  dividend 
or  to  the  payment  of  the  same,  and  shall,  at  any  time 
before  the  time  fixed  for  the  payment  thereof,  file  a  certr- 
Hcate  of  their  objection  in  writing,  with  the  clerk  of  the 
company  and  with  the  clerk  of  the  count v,  they  shall  be 


Skc.  17.  No  loan  of  money  shall  be  made  by  any  such 
c.»mpany  to  any  stockholder  therein  ;  and  if  any  such  loan 
shall  be  made  t  >  a  stockholder,  the  otticers  who  shall  make 
it, Or  who  shall  assent  thereto,  shall  be  jointly  and  sever- 
ally liable  to  the  extent  of  such  loan  and  interest  for  all 
the  vlebts  of  thecompany  contracted  before  there-payment 
v(  the  sum  so  loaned. 

Si:c.  IS.  If  any  certificate  or  report  made,  or  public 
notice  given  by  the  officers  of  any  such  com]>any,  in  pur- 
suance of  tlie  provisions  of  this   article,   shall  bo  false  in  ^ 
any  material  representation,  all  theutlicers  who  shall  have  ^ 


*  jncd  the  same  shiill  ho  jointly  aiui  severally  liable  for 
all  the  debts  of  the  eompaiiy,  contracted  while  they  are 
stockhoKlers  or  oflicers  thereof. 

Skc.  11).  Ko  person  hoUliM«;  stock  in  any  such  company 
as  executor,  administrator,  guardian  or  trustee  and  no 
person  holding  such  stock  as  collateral  security,  shall  be 
personally  subject  to  any  liability  as  stockholder  of  such 
company  ;  but  the  person  pledging  such  stocfc  shall  be 
considered  as  holding  the  same,  and  shall  be  liable  as  a 
stockholder  accordingly,  and  the  estate  of  funds  in  the 
nds  of  such  executor,  administrator,  guardian  or  trus- 
tee shall  bo  liable  in  like  manner  and  to  the  same  extent 
as  the  testator  or  intestate,  or  the  ward  or  person  interested 
in  such  trust  fund  would  have  been,  if  heliad  been  living 
and  competent  to  act,  and  held  the  same  stock  in  liis  own 


Sec.  1^0.  Every  such  executor,  administrator,  iruardiaTi 
or  trustee,  shall  represent  the  shares  otstock  in  ifis  hands 
at  all  meetings  of  the  company,  and  may  vote  accordir)gly 
as  a  stockholder ;  and  every  person  who  shall  pledge  liis 
stock  as  aforesaid  may  novortiieless  rej)resont  the  same  at 
all  such  meetings,  and  may  vote  accordingly  as  a  stock- 
holder. 

Skc.  21.  The  legislature  may,  at  any  time,  alter,  amend, 
or  repeal  this  article;  but  such  amendment  or  repeal  shall 
not  take  away  or  impair  any  remedy  given  against  any 
such  corporation,  its  stockholders  or  ollicers,  fur  any 
liability  which  shall  have  been  previously  incurred. 

Si:c.  22.  Any  c*M-poration  or  company  heretofore  formed 
either  by  sj^ecial  act  or  under  the  general  law,  and  now 
existing,  or  any  company  which  may  be  formed  under 
this  article,  may  increase  or  diminish  its  capital  stock  by 
complying  witli  the  provisions  of  this  article,  to  any. 
amount  which  may  be  deemed  sufiicient  and  proper  for 
the  j>urposc3  of  the  corporation,  and  may  also  extend  its 
business  to  any  other  branch  named  in  section  one  of  this 
article,  subject  to  the  provisions  and  liabilities  of  this 


article,  l^ut  bofoic  any  corporation  shall  ho  entitled  t<» 
ilinunish  the  amount  of  its  cnpital  stock,  if  the  anunmtoi 
its  debts  and  liabilities  shall  cxceeil  tiio  amount  of  capital 
to  wkieh  it  is  proj>o6ed  to  bo  reduced,  such  amount  of 
debts  and  liabilities  shall  be  satisfied  and  reduced  so  as 
not  to  exceed  such  diminished  amountof  capital ;  and  any 
existing  company  heretofore  formed  under  the  general 
law,  or  any  special  act,  may  come  under  and  avail  itself 
of  the  privilei^es  i\\u\  ])rovisions  of  this  article  by 
complying  with  tiic  tollowing  provisions,  and  thereupon 
such  company,  its  officers  and  stockholders,  shall  be 
subject  to  all  the  restrictions,  duties  and  liabilities  of  this 
article. 

Sec.  23.  AVhenever  any  company  shall  desire  to  call  a 
meeting  of  stockholders  for  the  purpose  of  availing  itself 
i»f  the  privileges  of  this  article,  or  for  increasing  or 
diminishing  the  amount  oi  its  capital  stock,  or  for  extend- 
ing or  changing  its  business,  it  shall  be  the  duty  of  the 
trubteca  to  publish  a  notico,  sii^ned  by  at  least  a  majority 
of  them,  in  a  newspaper  in  the  county,  if  any  shall  be 
published  therein,  at  least  six  successive  weeks,  and  to 
deposit  a  written  or  ]>rinted  copy  thereof  in  the  ]>ost- 
othce,  addressed  to  each  stockholder  at  his  usual  place 
of  residence,  at  least  six  weeks  previous  to  the  day  fixed 
lor  holding  such  meeting;  specifying  the  object  o(  the 
njceling,  the  time  and  place,  when  and  where  such  meet- 
ing shall  be  held,  and  the  amount  to  which  it  shall  be 
proposed  to  increase  or  diminish  the  cajital,  and  the 
business  to  which  the  company  would  be  extended  or 
changed,  and  a  vote  of  at  least  two  thirds  i^t  all  the 
shares  of  stock  shall  bo  necessary  to  an  increase  or 
diminution  of  the  amount  of  its  capital  stock  or  the  ex- 
tension or  change  of  its  business  as  aforesaid,  or  to- 
enable  a  company  to  avail  itself  of  the  provisions  of  this 
article. 

Sec.  *J4.  If,  at  any  time  and  place  specified  in  tlu 
tico  provided  for  iu  the  preceding  sections  of  this  article, 


stockholders  shall  appear  in  }>erson  or  by  proxy,  in  num- 
ber representing  not  less  than  two  thirds  of  all  the 
shares  of  stock  of  tlie  corporation,  tliey  shall  organize  by 
choosing  one  of  the  trustees  chairman  of  the  meeting, 
and  also  a  suitable  pei-son  for  secretary,  and  proceed  to 
a  vote  of  those  present,  in  person  or  by  proxy  ;  and  if,  on 
canvassing  the  votes,  it  shall  ap])ear  that  a  suflicient 
number  of  votes  has  been  given  in  favor  of  increasing 
or  diminishing  the  amount  of  capital,  or  of  extending  or 
changing  its  business  as  aforesaid,  or  for  availing  itself  of 
the  privileges  and  provisions  of  this  article,  a  certificate 
of  the  proceedings  showing  a  compliance  with  the  pro- 
visions of  this  article,  the  amount  of  capital  actually 
paid  in,  the  business  to  wliich  it  is  extended  or  changed, 
the  whole  amount  of  debts  and  liabilities  of  the  com- 
pany, and  the  amount  to  which  the  capital  stock  shall  be 
^gincreased  or  diminished,  shall  be  made  out,  signed  and 
Tcriticd  hy  the  alHdavit  uf  the  chairman,  and  be  coun- 
tersigned by  the  secretary,  and  such  certilicate  shall  be 
acknowledged  by  the  chairman,  and  fileti  and  recorded 
_  as  required  by  the  first  section  of  this  article  ;  and  when 
80  filed  and  recorded,  the  caj)ital  stock  of  such  corpora- 
tion shall  be  increased  of  diminished  to  the  amount  spc 
cified  in  such  certificate,  aiul  the  business  extended  or 
changed  as  aforesaid,  and  the  company  shall  be  entitled 
to  the  privileges  and  provisions,  and  be  subject  to  the 
liabilities  of  this  article,  as  the  case  may  be. 

Si:c.  25.  If  the  indebtedness  of  any  such  comp:iny 
shall  at  any  time  exceed  the  amount  of  its  capital  stock, 
the  trustees  of  such  company  assenting  thereto  shall  be 
personally  and  individually  liable  for  such  excess  to  the 
creditors  of  such  company. 

Sec.  26.  It  shall  be  the  duty  of  the  trustees  of  every 
such  corporation  or  company  to  cause  a  book  to  be  kept 
by  the  treasurer  or  clerk  thereof,  containing  the  names 
of  all  i>crsons,  alphabetically  arranged,  who  are,  or  shall, 
within   >'ix    vcars.  have   been  stockholders  of  euch   com- 


l^rtiiy,  ami  showing  thoir  phico  of  residence,  the  iminbcr 
of  tiluiros  of  stock  held  by  them  re8j)ectively,  and  I  ho 
time  when  they  respectively  became  the  owners  of  such 
shartis,  and  the  amount  of  stock  actually  paid  in ;  which 
book  shall,  during  the  usual  business  Iu)ur8  of  the  day, 
on  every  day  except  Sunday  and  the  fourth  day  of  July, 
be  open  for  the  inspection  of  the  stockholders  and  credi- 
tors of  the  company  and  thoir  ])ersonal  representatives, 
at  the  oftice  or  principal  place  of  business  of  such  com- 
pany in  the  county  where  its  business  operations  shall 
be  located  ;  and  any  and  every  such  stockholder,  credi- 
tor or  representative  shall  have  a  right  to  make  extracts 
trom  such  books ;  and  no  transfer  of  stock  shall  be  valid 
for  any  purpose  whatever,  except  to  render  the  ]>erson  to 
whom  it  shall  bo  transferred  liable  for  the  debts  of  the 
company,  according  to  the  provisions  of  this  article, 
until  it  shall  have  been  entered  therein  as  retiuired  by 
tliis  section,  by  an  entry  showing  to  and  from  whom 
transferred  ;  such  book  shall  be  presumptive  evidence  of 
the  tacts  therein  stated  in  favor  of  the  plaintifi"  in  any 
suit  or  i»roceeding  against  such  company,  or  against  any 
one  or  more  stockholders.  Every  olUcer  or  agent  of  any 
such  company  who  shall  neglect  to  make  any  proper 
entry  in  such  book,  or  shall  refuse  or  neglect  to  exhibit 
the  same,  or  allow  the  same  to  be  inspected,  and  ex- 
tracts taken  therefrom,  as  provided  by  this  section,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  the  company 
shall  forfeit  and  pay  to  the  i>arty  injured  a  penalty  of 
tifty  dollars  for  every  such  neglect  c»r  relusaj,  and  all  the 
damages  resulting  therefrom,  and  every  company  that 
shall  neglect  to  keep  such  book  open  lor  inspection  as 
aforesaid,  shall  forfeit  to  the  people  the  sum  of  lit'iy  dol- 
lars for  every  day  it  shall  so  neglect,  to  be  sued  for  iinM 
recovered  in  the  name  of  the  }>eople  by  the  district  attor- 
ney of  the  county  in  w^hich  the  business  of  such  corpora- 
tion shall  be  located ;  and  when  so  recovered,  the  amount 
shall  be  paid  into  the  treasury  of  such  county  for  ;he  use 
of  common  schools  therein. 


^v. 


'^>;' 


Sec.  27.  Wheiiover  any  person  or  pei-sons  owing  fifteen 
per  cent,  of  tlie  capital  stock  of  any  company  formed  un- 
der the  provisions  of  this  article,  shall  present  a  written 
request  to  tlie  treasurer  thereof  that  they  desire  a  state- 
ment of  the  affairs  of  such  company,  it  shall  be  the  duty 
of  such  treasurer  to  make  a  -statement  of  the  affairs  of 
said  company  under  oath,  cmbracinnj  a  particular  ac- 
count of  all  its  assets  and  liabilities  in  minute  detail,  and 
to  deliver  such  statement  to  the  persons  who  presented 
the  said  written  request  to  said  treasurer,  within  twenty 
days  after  such  presentation,  and  shall  also,  at  the  same 
time,  place  and  keep  on  file  in  his  office  for  six  months 
thereafter  a  copy  of  such  statement,  which  sliall,  at  all 
times,  during  business  hours,  be  exhibited  to  any  stock- 
holder of  said  company  demanding  an  examination 
thereof;  such  treasurer,  however,  shall  not  be  required  to 
deliver  such  statements  in  the  manner  aforesaid  oftener 
than  once  in  every  six  months,  li'  such  treasurer  shall 
neglect  or  refuse  to  comply  with  any  of  the  provisions  of 
this  article,  he  shall  forfeit  and  pay  to  the  person  pre- 
senting said  written  requests,  the  sum  of  fifty  dollars,  and 
the  further  sum  of  ten  dollars  for  every  twenty-four  hours 
thereafter,  until  such  statement  shall  bo  furnished,  to  be 
sued  for  and  recovered  in  any  court  having  cognizance 
thereof. 

Sec.  28.  When  any  three  or  more  persons  shall  asso- 
ciate to  form  a  company  for  the  purpose  of  constructing  a 
wagon  road  under  the  provisions  of  this  article,  their 
certificate  of  incorporation,  in  addition  to  the  matters 
hereinbefore  required  to  be  stated  therein,  shall  specify 
the  termini  of  said  road,  and  the  route  of  the  same  as  near 
as  may  be  ;  and  the  said  conq)any  shall  have  the  right  of 
way  over  the  line  named  in  the  certificate,  to  erect  toll- 
gates,  not  to  exceed  one  to  every  ten  miles  of  the  road, 
and  to  collect  toll  thereat  at  the  rates  prescribed  by  the 
county  commissioners  or  the  tribunal  transacting  county 
business,  upon  the  application  of  such  corporation,  either 


at  or  bd'oro  the  time  of  coinmoncing  such  roail,  or  after 
tlio  completion  thcfeof :  Provided^  That  such  rates  ot*  toll 
shall  remain  in  force  and  nniy  bo  collected  from  persons 
travelling  such  ro:ul  for  two  yoard  tri)ni  the  tinieot*  com- 
pleting such  road;  and  thereafter  at  the  expiration  of 
every  two  years,  the  county  commissioners  or  tribunal 
transacting  county  business  in  each  ciKinty,  tlnoiiixh 
which  such  road  passes,  sliall  lix  and  regulate  such  rates 
of  toll,  but  not  at  higher  rates  than  those  originally  j)re- 
scribed;  and  Provided  furtfur^  That  nothing  in  this 
article  sliall  be  so  construed  as  to  authorize  any  corpora- 
tion formed  under  the  provisions  hereof,  to  locate  thei| 
road,  rail-road,  ditch,  or  Hume,  or  any  part  tliereof, 
upon  any  toll-road  previously  existing,  nor  upon  any  pub- 
lic highway,  heretofore,  and  at  the  time  of  the  organization 
of  such  corporation,  used  and  travelled  as  such,  except  as  it 
may  be  necessary  to  cross  such  toll-road  or  public  highway  ; 
all  such  rates  of  toll  shall  bo  con3i)icuously  posted  at 
every  gate  upon  such  road. 

Sr.c.  *J0.  No  company  formed   under  this  article  shall 
demand  and  receive  toll  whenever   said  wagon-road  is 
not  in  reasonably  good  rc]>air;  and  any  person  having  paid 
toll  on  said  road,  and   shall  iind  the  same  in  bad  condi- 
tion and  nnsafe  to  travel  with  loaded   teams,  shall   have 
the  right   to  make  complaint   before  any  justices  of  the 
peace  in  the  county  in  which  the  road  is  located,  and  it 
shall  be  the  duty  of  said  justice  of  the  per.ce  to  summon 
the  said  company,  or  any  agent  of  said  company,  to  ap- 
pear before  him  to  answer  in  said  complaint,  within  nut 
over  five  days  from  the  date  of  said  complaint;   and  if  it 
be  found  that  said  road  is  in  bad  condition  or  unsafe  tifc 
travel,  it  shall  be  the  duty  of  said  justice  to  impose  a  lini 
of  not  less  than  ten  dollars  nor  more  than  twenty-tive  dd 
lai-s,  to  bo  collected  from  said  company  ;  and  said  justir 
shall  issue  his  order  that  no  toll  bo  collected  uj)on  saia 
road,  or  any  part  thereot,  until  it  is  put  in  good  repair. 

Sec.  30.    Any  person,  after  toil  shall  have  bee 
manded  by  the  regularly  authorized  toll  collectoi 


may  bo  found  travolling  \ij)on  said  road  und  refusii 
pay  said  toll,  shall  be  subject  to  a  line  of  not  les8  than 
five  dollars  nor  more  than  ten  dollars  for  such  offence, 
the  same  to  be  colK'Cted  before  any  justice  of  tlie  ])cacc 
in  the  county  wherein  such  road  is  located. 

Six.  ;^1.  AVhcnever  any   three  or  more  persons  asso- 
ciate under  the  prnvi^i  ris  of  this  article,  to  form  a  com- 
:or  the  ]>uri-  instructing  a  ditch  for  the  ]>ur- 

['UiC  of  convoyiui;  waicr  to  any  ndnes,  mills  or  lands,  to 
bo  used  for  mining,  milling,  or  irrigating  of  lands,  tlioy 
^lall,  in  their  certificate,  in  addition  to  the  matters  re- 
iquired  in  section  one  of  this  article,  specifv  as  follows: 
Tho  stream  or  streams  from  which  tlie  water  is  to  be  ta- 
point  or  place  on  said  stream  at  or  near  which 
tlic  water  is  to  be  taken  out;  the  lino  of  said  ditch,  as  near 
as  may  be,  and  the  use  to  which  t'le  said  water  is  in- 
tended to  be  applied. 

Skc.  32.  Any  ditch  company  formed  under  tiie  provi- 
-i.  Tis  of  this  article;  shall  have  the  ri^iht  of  way  over  the 
Mamed  in  the  certificate,  and  shall  also  have  the 
right  to  ru!i  the  water  of  the  stream  or  streams  named 
in  the  certificate  through  their  ditch:  ProvithJ^  I'hat 
the  line  proposed  shall  not  interfere  with  any  other  ditch 
whose  rights  arc  prior  Xo  those  acquired  under  this  arti- 
'.•le,  and  by  virtue  of  said  certiticate.  Xor  shall  tlie  water 
<'f  any  stream  bo  directed  from  its  original  channel  to  the 
detriment  of  any  miners,  mill-men,  or  others  along  the 
line  of  said  stream,  who  may  have'  a  priority  of  right, 
and  there  shall  be  at  all  times  lett  suflicient  water  in  said 
stream  for  the  use  of  miners  and  agriculturists  along 
said  stream. 

Skc.  33.  Any  company  constructing  a  ditch  under  the 
provisions  of  this  article,  shall  furnish  water  to  the  class  ot 
persons  using  water  in  the  way  named  in  the  certificate 
;ls  the  way  the  water  is  designated  to  be  used,  whether 
miners,  null-men,  or  farmers,  whenever  they  shall  have 
water   in  their  ditch  unsold,  and  shall  at  all  times   give 


the  preference  to  the  use  of  the  water  in  sniil  ditch  to 
the  class  of  pci-sons  so  named  in  the  certificate  ;  the  rates 
at  whicli  water  shall  ho  fnrnislicd  to  he  fixed  hy  the 
county  oomniissioncrs,  or  the  trihunal  transacting  county 
husiness,  as  soon  as  such  ditch  sliall  he  comj>lotcd  and 
prepared  to  furnish  water. 

Sko.  o4.  Kvery  ditch  company  or«^anized  under  the 
provisions  of  this  article,  shall  be  required  to  keep  the 
bank  of  their  ditch  in  good  condition,  so  that  the  water 
shall  not  he  allowed  to  escape  from  the  same  to  the  in- 
jury of  any  mining  claim,  road,  ditch  or  other  property; 
and  whenever  it  is  necessary  to  convey  any  ditch,  over, 
across,  or  above  any  lode  or  mining  claim,  that  the  com- 
pany shall,  if  necessary  to  keep  the  water  of  said  ditch 
out,  or  from  any  claim,  flume  the  ditch  so  far  as  necessary 
to  protect  such  claim  or  property  from  the  water  of  said 
ditch. 

Sec.  35.  When  any  company  shall  organize  under  the 
provisions  of  this  article  to  form  a  company  for  the  pur- 
pose of  constructing  a  flume,  their  certificate,  in  addition 
to  the  matters  required  in  the  first  section  of  this  article, 
shall  specify  as  follows  :  The  place  of  beginning,  the 
termini,  and  the  route  so  near  as  may  be,  and  the  pur- 
pose for  which  such  flume  is  intended  ;  and  when  organ 
ized  according  to  the  provisions  of  this  article,  said  com- 
pany shall  have  the  right  of  way  over  the  line  proposed 
in  such  certificate  for  such  flume  :  Provided,  It  does  not 
conflict  with  the  right  of  any  farmer,  fluming,  ditching 
or  other  company. 

Sec.  36.  AVhen  any  three  or  more  persons  shall  nsso 
ciate  under  the  provisions  of  this  article,  to  f ■ 
pany  for  the  purpose  of  constructing  a  bridge  ci  c-t;i'' 
lishing  a  ferry  over  any  of  the  streams  of  water  in  this 
territory,  their  certificate,  in  addition  to  the  matters  re- 
quired in  the  first  section  of  this  article,  shall  specify  as 
follows:  The  place  where  said  bridge  or  ferry  is  to  be 
built  or  established,  and   on  what  streams,  and  that  the 


•^v 


.V:  '  '■ 


banks  uii  both  sides  of  the  stream  where  the  said  bridge 
or  ferry  is  to  be  built  or  established  are  Owned  by  said 
com])any,  or  tliat  tliey  have  obtained  in  writing  the  con- 
sent of  the  owners  of  the  banks  where  the  said  bridge  is 
to  be  built,  to  erect  the  said  bridge  or  establish  the  said 
fcrrry  as  aforesaid,  or  that  the  banks  at  such  place  are  a 
public  highway. 

Skc.  37.  Any  bridge  built  or  ferry  established  under 
the  provisions  of  this  article,  shall  at  all  times  be  kept 
in  good  and  safe  condition  for  travel,  both  night  and  day, 
unless  the  same  be  rendered  impassable  by  reason  of 
rtood  or  high  water ;  and  any  bridge  or  ferry  so  built  or 
established  shall,  if  destroyed  by  flood,  fire  or  other 
causes,  be  rebuilt  or  established  within  a  period  of  nine 
pnonths  from  such  destruction,  or  the  rights  acquired  un- 
der this  artirlo  shall  be  forfeited  and  cease  to  exist. 

Si:c.  38.  The  company  previo-us  to  receiving  any  toll 
upon  said  bridgie  or  ferry,  sliall  set  up  and  keep  in  a  con- 
sj^icuous  place  on  the  said  bridge  or  ferry  a  board,  on 
which  shall  be  written,  painted  or  printed,  in  a  plain, 
legible  manner,  the  rates  of  toll,  which  rates  of  toll  shall 
have  been  ]>rescribed  by  the  county  commissioners,  or  the 
tribunal  transacting  county  business  in  said  county  ;  and 
if  any  company  shall  demand  or  receive  any  greater  rate 
of  toll  than  the  rate  prescribed  by  said  tribunal,  then 
they  shall  be  subject  to  a  line  of  ten  dollars  ;  and  no 
Jcompany  formed  under  the  provisions  of  this  article  shall 
demand  or  receive  tolls  whenever  said  bridge  or  ferry  is 
not  in  a  good  and  safe  condition  for  travel;  and  any  per- 
son having  paid  toll  on  such  bridge  or  ferry,  and  finding 
the  same  in  a  bad  or  unsafe  condition  for  loaded  teams, 
bhall  have  the  right  to  make  complaint  before  any  jus- 
tice of  the  peace  in  the  county  in  which  the  bridge  or 
ferry  is  located,  who  shall  proceed  as  is  ]>rovided  in  sec- 
tion twenty-nine  of  tlds  article. 

Skc.  39.  Whenever  any  three  or    more  persons   shall 
j^^associate  under  the  provisions  of  this  article,  for  the  pur- 


l>ose  of  rnnnin-:  atuLi.v.  ...  :.......,.,;   ^ ^....;:.   .. 

other  ore,  their  certiticate  of  incorp.'ration  shall  8pecif\\ 
in  niKlitivm  to  the  matters  reijuireil  by  tlio  first  seetion  of 
tin's  nrticlo,  as  follows,  to  wit :     Where  said  tunnel  is  to 
be  run  ;  the  plaee  of  eomnieneouiont ;  course  anil  tennina 
tion,  ami  the  minerals  or  ore  ilcsiirned  to  be  excavated. 

Skv.  40.  Any  company  formed  under  the  ]>rovi>ions  of 
this  article,  for  the  pur}>ose  of  excavatin*;  a  tunnel,  shall 
have  and  h(.ld  two  hundred  and  tit\y  feet  on  each  side  of 
said  tunnel,  on  all  lod^\?  discoveivd  by  them  while  exca 
vatiui:;  said  tunnel;  one  hundred  feet  on  all  lodes  diseov 
ered  by  others  crossinj;  said  tnnnel,  after  the  commence- 
me!it   o(  the   same,    and   throu-jh    all  KhIcs    discovered 
previous  to  the  commencent.v.t  nf  >n>i  Imm".-!  r'-.v  <y-x]\ 
have  the  right  of  wav. 

Sk^.  41.  Whenever   any   three  or  inure   persons  asf^v^ 
ciate  under  the  provisions  of  tin's  article,  to  form  a  company 
for  the  pnrjH>se  of  constructing  a  line  or  lines  of  niairnetic 
telegraph  in  this  territory,  their  certificate  shall  specify  as 
follows  :    The  termini  of  such  line  or  lines,  and  the  counties 
through    which  they  sliall   pass;    and   such  corporntio- 
is  lieieby   autliorizoil    to  construct    said   telegraph 
or  lines  from  point  to  point,  along  and  upon  any  oi   iiic 
public  roads,  by  tlie  erection  of  the  necessary  lixtr.n-.  i:. 
eluding  pi^sts,  ]>iers  and    abutments,  necessai  n 
wires:  /Vi>r/(/M/,  That  the  same  shall  not  ii- 
public  in  the  use  of  said  roads  v>r  highways. 
S^:^.  42.  Any  conjpany  formed  under  thi 
this  article  for  the  ]Mirposo  of  constructing  any  road,  tliuli, 
flume,  bridge,  ferry  or  telegraph  line,  shall,  within  ninety 
days  from  the  date  of  their  certificate,  commence  work 
on  such  road,  ditch,  flume,  bridge,  ferry  or  telegraph  line. 
as  siiall  be  named  in  the  certifioate,  and  shall   ]>rosecute 
the  work  with  due  diligence  until  the  same  is  completed, 
and  the  time  of  the  comjdetion  of  any  such  roail,  ditch, 
flume,    bridge,    ferry    or    telegraph    fine,    shall    not    bo 
extetided  beyond  a  period  of  two   vears   froni  iho  time 


s;)insj) 


wvrk  N\.;-  .  ^nr.HOJirovl  :\5  aroros!\i^l ;  anvl  any  company 
failiiiiX  to  oonunonco  work  witliin  ninety  ilays  from  the 
date  ot'oertilicate,  or  failing;  to  comj^lote  the  sanio,  witlnn 
two  years  tVoni  the  time  o(  eomnienoonient  as  atore^aid, 
shall  torleit  all  right  to  tho  route  so  claiine^l,  and  the  sftmcs 
shall  he  suhject  lo  he  elaimcd  hy  any  other  company; 
the  time  (Sv  tho  completion  of  any  flume  construetea 
umler  the  provisions  of  this  article  shall  not  be  extended 
bevond  a  period  of  four  years:  ProviM,  That  this  sec 
tion  shall  not  apply  to  ai\y  ditch  or  Hume  for  miniug 
purposes,  constructed  through  any  grounds  owned  by  the 
corporation. 

Sue.  4o.  K\ciX  vviporation  n^ulcr  the  provisions  of  this 
article,  as  such,  has  power  ; 

1st.  To  have  succession  hy  its  corporate  name  tor  the 
period  limited  in  its  cei'lificate  of  charter. 

ed.  To  sue  and  be  sued,  com.plain  and  defend  in  any 
court  of  law  or  equity; 

ok\.  To  make  and  use  a  common  seal,  and  alter  the  same 
at  v^l^  n-nrc. 

loldj  purcha!?e  and  convey  such  real  and 
poi>o:i:u  .  .:^'  as  the  ]>urpose  of  the  corporation  may 
rc>ini:\\ 

point  such  subordinate  otlieei's  and  agents  as 
tho  Iu.^^.iuvns  of  the  corporation  shall  require,  and  to  allow* 
tlu^'.n  a  Mutable  compensation. 

,uike  by-laws,  not  inconsistent  with  any 
exu-UJi-  law,  for  the  management  of  its  property,  the 
V.  •  r  iii.Mi  o\'  its  alfairs,  and  for  the  transfer  of  its  slock. 

! .  Tac  powers  enumerated  in  the  preceding  section 
>iiaU  vest  in  every  corporation  that  shall  hereafter  be 
created,  although  they  may  not  be  spocilied  in  thecorliti- 
cate,  or  in  the  act  under  which  it  shall  be  incorporated  ; 
but  no  corporation  shall  po>sess  or  exercise  any  corporate 
powers,  except  such  as  shall  be  nci'c>sary  to  the  exerck-c 


Any  person  who  shall  willuUy  or  maliciously 


dnma<:o  or  interfere  with  any  road,  ditch,  Hume,  bridp:c, 
forrj  or  telegraph  line,  or  nny  of  the  iixturos,  tools,  inj|)lo- 
ments,  a]>purtcnftncos,  or  any  ]>ro|>orty  of  any  company 
which  may  be  organizcil  under  the  provisions  of  this 
article,  upon  conviction  thereof  before  any  court  of  coni- 
]>etont  jurisdiction  in  the  county  where  tlie  olVonce  sliall 
have  been  committed,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  shall  be  punished  by  line  or  imprisonment, 
or  both,  at  the  discretion  of  the  court,  said  imprisonment 
not  to  exceed  one  year,  and  said  fine  not  to  exceed  live 
hundred  dollars,  which  shall  be  paid  into  the  county 
treasury  for  the  use  of  common  schools,  and  said  otfender 
shall  also  yiiy  all  damages  that  any  such  corporation  may 
sustain,  together  with  costs  of  suit. 

Sec.  46.  Nothing  in  this  article  shall  be  so  construed  as 
to  autliorize  any  companv  organized  under  the  same  to 
issue  notes  or  bills  for  circulation  as  money. 

Sec.  47.  Any  company  organized  under  and  by  virtue 
of  the  provisions  of  an  act,  entitled  an  act  to  enable  road, 
ditch,  manufacturing  and  other  companies  to  become 
bodies  corporate,  approved  August  15,  1S62,  may  sur- 
render their  certificate  to  tlie  secretary  of  tlie  territory  by 
the  certificate  of  the  president  of  said  company,  tiled  in 
the  office  of  said  secretary,  and  become  a  body  corporate 
and  politic  under  the  provisions  of  this  article,  by  com- 
plying with  all  and  singular  the  provisions  tliercof. 

Sec.  4S.  Whenever  any  roa*l,  rail-road,  ditch,  telegraph 
or  fluming  company,  organized  or  to  be  organized  under 
the  provisions  of  this  chapter,  or  any  law  of  this  territory, 
shall  not  have  acquired  by  gift  or  purchase  any  land,  real 
estate  or  claim  required  for  the  construction  or  main- 
tenance of  their  road,  rail-road,  ditch,  teloirraph  or  tlume, 
or  which  may  bo  atl'octed  by  any  operation  connected 
with  the  construction  or  maintenance  u(  the  same,  the 
saiil  corporation  may  present  to  the  probate  judge  of  the 
county  wherein  such  lands,  real  estate  or  claim  shall  1)0. 
a  petition  signed  by  the  president,  attorney  or  ag> 


tlio  sauio,  licscrlhint!^'  with  coiivciiiciit  accumcv  aiui 
certainty,  by  map  or  otlierwise,  tlie  lands,  real  estate  or 
claims  so  required  to  be  taken  or  aii'ectcd  as  aforesaid, 
setting  forth  the  name  and  residence  of  each  owner,  or 
other  jierson  interested  therein  as  owner,  lessee  or  en- 
cumbrancer, as  far  as  known  to  sucli  j)resident,  attorney 
or  agent,  or  appearing  of  record,  and  praying  the 
appointment  of  three  appraisers  to  a-cortain  the  compen- 
sation to  be  made  to  such  owner  and  persons  interested, 
for  the  taking  or  injuriously  aiVecting  such  lands,  real 
estate  or  claims  as  aforesaid  ;  the  ]n'obate  judge  shall  have 
satisfactory  evidence  that  notice  of  an  intended  applica- 
tion and  the  time  and  place  thereof,  for  the  appointment 
of  appraisers  between  said  corporation  and  the  owners 
and  persons  interested  in  such  lands,  real  estate  and 
claims,  has  been  given  at  least  ten  days  previously,  to 
lis  personally  at  their  residence,  or  on  the 
premises,  or  by  the  publication  thereof  in  a  newspaper 
printed  in  the  county  in  which  such  lands,  real  estate  or 
claims  shall  lie;  or  if  no  newspaper  is  jnihlished  in  said 
county,  tlien  by  posting  three  or  more  notices  in  some 
public  places  in  said  county,  such  jniblication  to  bo 
allowed  only  in  respect  to  owners  or  persons  interested, 
who  shall  appear  by  aflidavit  to  have  no  residence  in  the 
county,  known  to  such  president,  attorney  or  agent,  wliich 
notice  shall  be  published  at  least  thirty  days  prior  to  the 
time  fixed  for  the  application  as  aforesaid.  The  court 
may  adjiUirn  the  proceedings  from  time  to  time  ;  shall 
direct  any  future  notice  thereof  to  be  given  that  may 
seem  proper  ;  shall  have  proofs  and  allegations  of  all 
parties  interested  touching  the  regularities  of  the  proceed- 
""  "s,  and  shall,  by  an  entry  in  its  minutes  appoint  three 
ested  appraisers  as  aforesaid,  specifying  in  sucli 
entry  a  time  and  place  for  the  iirst  meeting  of  sucli  ap- 
praibu-s.  Tiie  said  aj^praisers,  bctbre  entering  upon  the 
duties  of  their  otiice,  shall  take  an  oath  to  faithfully  and 
impartially  discharge  their  duties  as  said  appraisers,  and 


any  one  of  them  uia}  adininisto 
duood  before  them  ;  they  may  issue  subpuMuis  ami  compil 
witiK\v808  to  attend  aiultostirv,  ami  may  adjinirn  and  hohl 
meetings  for  that  purpose,  anvl  shall  <;ivo  rensDnaMc 
previous  notieo  to  such  owners  or  parties  intorcstcil 
Ihey  shall  hoartho  proofs  and  allegations  of  the  partio.-, 
ami  any  two  of  them,  after  reviewin«x  the  prenuses,  shall. 
without  fear,  favor  or  partiality,  ascertain  and  certifv  th. 
eompensation  i>roper  to  bo  made  to  said  owners  or  partie> 
interested,  for  the  lands,  real  estate  or  claims  to  bo  taken 
or  afl'eeted,  as  well  as  all  damages  accruing  to  the  owners 
or  j>artied  interested,  in  eonseiinenco  of  the  condemnatioiiJ 
ot  the  same,  taken  or  injuriou>ly  alfected  as  aforesaid, 
making  such  deduction  or  alK>wanee  tor  real  bonelils  oi 
advantages  which  such  owners  or  parties  interested  may 
derive  from' the  construction  of  said  road,  rail-ro.id,  ditch, 
teloi^rajdi  or  llume.  Tliey,  nr  a  majority  .>f  them,  shall 
make,  subscribe  and  fde  with  the  clerk  of  the  county  in 
wldch  such  lands,  real  estate  or  claims  shall  lie,  a  eertiti- 
cate  of  their  said  ascertainment  and  assessment,  in  which 
such  lands,  real  estate  or  claims  shall  be  described  with 
convenient  certainty  and  accuracy.  The  j>robate  judge. 
uyow  such  certiticate,  and  due  proof  that  such  compensa- 
ti«»n  and  separate  sums,  if  any,  be  eertilied,  have  been  paid 
to  the  parties  entitled  to  the  same,  or  have  been  deposited 
to  the  credit  of  such  parties  in  tiie  county  treasury,  ii 
other  plaee  for  that  purpose,  approved  by  the  court,  shall 
make  and  eause  to  be  entered  in  its  minutes  a  rule,  de- 
scribing such  lands,  real  estate  or  claims  in  manner  afi»re 
said,  such  ascertainment  of  compensation,  with  the  mode 
of  making  it,  and  each  payment  or  deposit  of  the  com- 
pensation as  aforesaid,  a  certitied  copy  of  whieh  siiall  he 
recorded  and  indexed  in  tuo  recorder's  ollice  of  the 
proper  county,  in  like  manner  and  with  like  etioct  as  if  it 
Wire  a  deed  of  conveyance  from  the  saiil  owners  and 
paities  interested  to  the  said  corporation.  Upon  the. 
entry   of  such  rule,   the  said   cori>«»ration  sli  dl  become- 


possession  of  all  such  laiuls,  real  estate  or  claims  doscribeil 
in  sail!  rule,  as  required  to  bo  taken  as  aforesaid,  dnrino; 
the  eontimianeo  ot'the  corporation,  and  may  take  posses- 
sion of,  aiul  hold  and  use  the  same  for  the  purposes  of  said 
road,  rail-road,  ditch,  tele«:raph  or  tluine,  and  shall  there- 
upon be  discharged  from  all  claims  for  :uiy  daniaijcs  bv 
reason  of  any  matter  specified  in  such  ]»etition,  certificate, 

nr  »-nl.^     nt'   cnid     nrnh:ito    illilL'C.       If    at    anV  timo  ftftor  au 


anv  time  after  ai 


atteniv^ted  or  actual  asc< 


lent  ot  comncnsatiou 


poration,  of  land  ov  cl; 


this  article,  or  any  ]Mnchase  by  or  donation  to  said  cor- 
poration, of  land  ov  claims  for  purposes  aforesaid,  it  shall 
a]>pear  that  the  title  actpiiired  thereby,  to  all  or  any  part 
of  such  lands  f\>r  the  use  of  said  corporation,  or  if  said 
assessment  shall  fail  or  be  deemed  defective,  the  said  cor- 
poration may  j^'oceed  and  perfect  such  title  by  ])r(K'urin^ 
an  ascertainment  i»f  the  compensation  ]>ropcr  to  be  made 
to  any  person  who  has  title,  claim  or  interest  in,  or  lien 
upon  such  lands,  and  by  makin^i:  j^ayment  thereof  in  the 
manner  hereinafter  proviiled,  as  near  as  may  l)e;  and  at 
any  stai^e  of  such  now  ]»rocoedings,  or  of  any  proceedings 


iterost  in. 


any  proceedings 


under  this  article,  the  probate  judire  may,  by  rule  in  that 
behalf  .aadc,  auth(»ri/.e  llie  said  corporation,  if  already  in 
possession,  and  if  not  in  possessicHJ,  to  take  possOssion  of 
and  use  said  j>remises  duiini:  the  pendency  and  until  tlic 
final  conclusion  oi'  such  proceedings,  and  may  stay  all 
actions  and  procecilings  against  such  corporation  on 
account  thereof:  J'rovideil,  Such  corporation  shall  pay  a 
suflicient  sum  into  court,  or  give  approved  socurlty  to  pay 
the  comj^ensation  in  that  behalf  when  ascertained  ;  and  in 
every  cas.'  where  possession  shall  be  so  authorizod,  it  shall 
be  lawful  for  the  owners  to  conduct  the  ]>roceedings  to  a 
conclusion,  if  the  same  shall  bo  delaved  by  the  company. 


conclusion,  if  the  same  shall  bo  delayed  hy  tlie  company. 
The  said  ap]>raisers  shall  receive  two  dollars  per  day,  a. 
compensation  for  each  day  actually  employed,  sucli  com 
pensation  to  be  taxed  aud  allowed  by  the  probate  judge. 

It'anv  a[>}»raiser  so  appointevl  shall  die,  be  unable  or  fail 


to  serve,  the  court  may  appoint  another  in  his  place,  o 
reasonable  notice  of  the  application,  to  be  approved  by 
the  probate  judge.  Applications  may  be  made  to  the 
district  court  in  the  same  manner  a3  heroin  provided, 
and  the  district  court  may  thereupon  cause  such  pro- 
ceedin»:s  to  be  had  and  taken  in  like  manner,  and  with 
the  same  ctVect,  as  herein  required  respcctinir  the  ])robatc 


Skc.  40.  Whenever  any  corporation  constituted  o 
formed  for  the  purpose  of  constructiuij:  a  wagon-roa*!. 
according  to  the  provisions  of  this  article,  shall  ha\e 
constructed  one  mile  or  more  of  the  road  by  such  cor- 
poration to  be  constructed,  it  shall  be  lawful  for  the 
county  conmiissioners,  or  the  tribunal  transacting  county 
business  of  the  county  in  which  the  portion  of  road  so 
constructed  shall  lie,  to  prescribe  the  rates  of  toll  to  be 
charged  and  collected  by  such  corporation,  upon  the 
portion  of  the  road  so  constructed  ;  and  thereafter,  and 
as  other  portions  of  the  road  to  be  constructed  by  such 
corporation  shall  be  completed,  such  county  commission- 
ers  or  tribunal  transacting  county  business,  shall  prescribe 
rates  of  toll  to  be  charged'  and  collected  upon  other 
portions  of  the  road  so  completed  as  aforesaid,  and  such 
corporation  shall  have  power  to  erect  toll-gates,  not 
exceeding  one  to  every  ten  miles,  and  to  collect  tolls 
thereat,  at  the  rates  prescribed,  as  aforesaid,  until  such 
road  be  completed  :  ProvUcd,  Said  road  shall  be  com- 
pleted within  two  years  alYer  such  rates  shall  have  been 
proscribed. 

Skc.  50.  Whenever  any  corporate  body,  organized 
under  this  article,  shall  have  fully  completed  the  wagon- 
road  to  be  by  them  constructed,  and  the  county  commis- 
sioners, or  tribunal  transacting  county  business  of  the 
county  in  which  the  same  shall  be  located,  t^hall  have 
prescribed  the  rates  of  toll  to  be  charged  and  collected 
upon  such  road,  such  corporation  shall  be  entitled  to 
charge  and  collect  toll  at  the  rates  so  prescribed,  for  two 


^,  v^...«  ...v...v.^  i.cxt  ensuing  ;  and  «at  the  expiration  of  tlie 
term  of  two  years  after  such  rates  shall  be  proscribed,  and 
biennially  thereafter,  during  the  existence  of  such  cor- 
poration, the  county  commissioners,  or  tribunal  transact- 
ing county  business,  sliall  prescribe  tbe  rates  of  toll  to  be 
charged  and  collected  on  sucli  road  for  the  two  years 
tlienco  next  cnsuinGT. 

Skc.  51.  Whenever  any  wagon-road,  constructed  by  any 
corporation  organized  under  this  article,  shall  be  located 
in  two  or  more  counties,  it  shall  be  lawful  for  the  county 
commissioners,  or  tribunal  transacting  county  business  of 
the  several  counties  into  or  through  which  such  road  shall 
pass,  to  prescribe  the  rates  of  toll  to  be  charged  and 
collected  by  such  corporation,  on  the  portions  or  parts  of 
such  road  lying  within  the  limits  of  such  counties, 
respectively. 


AN  ACT 

la.I.ATIXG    TO    RATL-KOADS,   W^AGON-ROADS    AND    MINING    COM- 
PANIES, sunscRinioNS  to  stock;  issue  of  bonds,  taxes 

TO   PAY  interest   AND   PRINCIPAL   BY  COUNTIES,  CniES  OR 
TOWNS,  AND  FOR  OTHER    PURPOSES.       (APPROVED   JANUARY 

Jit  <L  tuacUd  hj  the  Council  and  House  of  Eepres€7ita- 
fivcs  of  Colorado  Territory  : 


>.» .  52.  (1.)  It  shall  be  lawful  for  the  board  of  county 
commissioners  of  ^y  county,  or  the  mayor  of  any  city  or 
l<»wn  in  this  territory  or  state,  as  may  be,  to  subscribe  in 
tlic  corporate  name  of  such  county,  city  or  town,  to  the 
capital  stock  of  any  organized  rail-road  or  wagon-road 
company  located  in  this  territory  or  state,  and   to  issue 


bonds  in  payment  therefor  uiuler  the  Iiaiuls  and  seals  f)f 
<uiil  coMimissioticrs  or  niayot,  on  tho  faith  atal   credit  of 
such  cuuiity,  city  or  town,  to  tho  amount  «j)ecitied   in 
such   subscription,  ]>ayablo  as  required,   in  such  Bums, 
time  and  phice,  as  said  connnissioners  or  mayor  deem 
expedient,  boarin«;:  ci«;ht  i>er  cent,   interest  i>er  annum 
with  interest  coupons  attached  to  such   bonds,   payabU 
atniually  ;  the  proceeds  of  such  bonds  to  bo  applied  in  aid] 
i»t    construction  of  such  rail-road   ov    wagon-road  ;    said 
bt>ndsor  stock  nniy  be  sold  at  such  rates,  above  or  below 
par,  as  may  bo  necessary  to  negotiate  them  ;  said  bonds 
!iiay  be  purchased  at  the  market  rates  if  so  re«piired  to 
liipuvlate  or  redeem  thcni;  said  bonds  nu\y  bo  made  con- 
vertible into  said  stock,  or  said  stock  may  be  converted 
into  such  bonds,   if  deemed  expedient  by  said  commis- 
sioners or  mayor. 

Skc.  53.  (11.)  No  such  l)onds  shall  be  is?ued  unless 
application  in  writing  be  made  to  the  county  commission- 
ers of  any  county,  or  the  mayor  of  any  city  or  town  in  this 
U'rritory  or  state,  of  at  least  one  hundred  votei*s  of  such 
county,  city  or  town,  for  the  approval  of  subjcription  to 
stock  and  issue  of  bonds,  by  the  legal  vote  is  of  such 
county,  city  or  town,  then  it  shall  be  the  duty  of  said 
commissioners  or  mayor,  within  ten  days  after  such 
application,  to  call  a  meeting  or  election  of  the  legal 
voters  of  such  county,  city  or  town,  to  a]>prove  and  vote 
the  subscription  of  stock  and  authorize  the  issue  of  bonds; 
public  notice  of  such  election  shall  be  given  thirty  days 
prior  to  tho  day  of  such  election  in  any  newspaper  pub- 
rished  in  such  county,  city  or  town  ;  if  no  r.ewspaper  is 
published  there,  notice  ehall  be  po.^icu  at  least  thirty  days 
prior  to  such  election,  at  the  usual  places  of  holding  elec- 
tions in  each  precinct  in  such  county,  city  or  town ;  such 
election  shall  bo  held,  conducted,  and  liie  votes  returned 
and  canvassed  iiccv^>rding  to  the  laws  then  regulating  elec- 
tions ;  if,  n[>on  canvassing  tho  v^ites  cas^t  at  any  such  elec- 
tion, it  shall  be  found  that  a  majority  of  ;  cast 


are  in  favor  of  siicli  subscrii>tion  of  stock  and  issue  of  such 
bonds,  tlion  sucli  stock  and  bonds  shall  be  issued  accord- 
'"  :U- ;  whenever  said  eoniniissioners  or  major  may  deem 
it  expedient  to  sell  or  transfer  such  stock  in  liquidation 
and  redeem  such  bonds,  the  same  aj^proval  of  the  le-ral 
voters  shall  be  had,  and  proceedings  as  aforesaid,  and  tlie 
proceeds  of  sale  of  sucIj  stock  shall  be  exclusively  a])plied 
to  purciiase,  liquidate  or  redeem  such  bonds  and  interest 
thereon. 

Skc.  54:.  (III.)  Whenever  any  county,  city  or  town 
issue  bonds  under  this  act,  it  shall  be  tlie  duty  of  said 
commissioners  or  mayor,  or  municipal  authorities  or 
assessors  of  any  such  county,  city  or  town,  to  dulv  levy 
and  assess  a  special  tax  annually  upon  the  taxable  pro- 
perty in  sucli  •.ounty,  city  or  town,  in  amount  su'licient 
to  pay  the  interest  coupons,  when  and  where  duo,  upon 
all  such  bonds,  and  for  the  proper  expenses  of  co!lectin<r 
remittini^  and  disbursing  such  funds;  and  after  ten  vears 
from  date  and  issue  of  any  such  bon.ls,  said  counties 
citius  or  towns  shall  provide  by  taxation,  and  pay  at  least 
five  per  cent,  of  the  princij^al  or  amount  of  such  bonds, 
annually  thereafter,  until  the  lull  amount  of  such  bonds 
have  been  j)aid,  purchased  or  redeemed,  and  all  the 
interest  thereon  duo  ;  the  taxes  so  levied  or  assessed  shall 
be  collected  as  other  taxes,  and  the  proceeds  remitted  and 
i-aid  to  the  treasurer  of  this  territory  or  state,  as  custodian 
of  such  funds,  but  shall  only  and  exclusively  be  aj)plied  to 
the  payment  of  interest  and  principal,  or  purchase  of  such 
bonds  l)y  him,  and  tor  the  expenses  thereof;  the  redemp- 
tion or  j.urchase  of  such  bonds  may  be  d.me  when 
nitliorized  by  said  commissioners  or  mayor  of  the 
'•unties,  cities  or  towns  issuing  such  bonds  ;  tiie.  treasurer 
iiall  be  paid  a  reasonable  compensation  Ibr.j-uch  service 
in  the  payments,  purchase  or  redemption,  from  the  pro- 
ceeds of  taxes,  or  otherwise. 

Si:c.  i^5.  (IV.)  Whenever  Counties,  citicsor  towns  in  the 
rcrritory  or  state  shall  issue  bonds  under  this  act,  all  such 


bonds  8hnll,  previous  to  bcinp;  dolivorod  or  ncgotiiitcil,  be 
]n*c8onted  by  said  commissioners  and  mayor  to  the  auditor 
of  this  territory  or  state,  to  be  duly  registered  under  his 
direction,  in  a  book  kept  lor  tljat  ])urposc  in  his  ollicc, 
statini;  the  county  or  city,  date,  amount,  number,  time 
and  phico  oi^  payment,  and  rate  of  interest  ;  the  auditor 
shall  receive  one  dollar  for  registering;  and  certifying  or 
concelling  each  of  said  bonds,  to  be  paid  by  said  commis- 
sioners or  nuiyor;  it  sluill  bo  the  duty  of  the  auditor  to 
include  the  sums  due  or  to  be  paid  on  such  bonds  in  his 
report  for  taxation  in  such  counties,  cities  or  towns,  and 
the  amount  of  funds  received  and  j>aid  on  account  of  such 
taxes  and  payments  oi^  such  bonds,  as  recpiired  by  him 
in  his  duties  to  the  general  assembly.  In  cases  ot'  delay 
or  neglect  of  any  county,  city  or  town  (»nicers  to  levy, 
assess,  or  collect  and  remit  the  taxes  herein  provided  for 
to  the  treasurer  of  the  territory  or  state,  in  time  to  meet 
such  interests  or  payments  of  principal  and  purchase  of 
bonds,  any  such  otlicer  shall  bo  liable  to  a  line  of  not 
less  than  live  hundred  dollars  for  each  ollence,  to  bo  paid 
to  such  bondholder  as  nuiy  sue  for  same ;  and  the 
treasurer  and  auditor  nuiy  appoint  proper  agents  to 
collect  and  remit  such  taxes.  Any  such  bonds  that. may 
be  purchased  or  fully  paid,  sliall  be  so  rect>rded  and 
cancelled ;  all  such  bonds  shall  state  on  their  laces  that 
they  are  duly  issued  under  this  act ;  ami  the  juovisions 
of  this  act  rehiting  to  them  shall  be  i)rinted  on  the  back 
of  such  bonds,  and  the  certificate  of  the  auditor  shall  be 
evidence  of  their  legal  issue. 

Skc.  50.  ^V.)  The  capital  stock  of  any  such  rail  roai  ov 
wagon-road  company  shall  be  divided  into  shares  d  *  nc 
hundred  dollars  each  ;  such  shares  shall  be  regarded  as 
personal  property,  and  be  subject  to  sale  and  execution  at 
law,  and  transferred  as  provided  in  the  by-laws  cf  such 
company.  The  shares  of  stock  in  any  such  company 
shall  be  liable  to  assessment,  as  the  directors  of  such 
company  may  order,  not  exceeding  ten  per  cent,  of  each 


slmro  monthly  ;  ami  such  stock  shall  not  be  voted  on    in 
person  or  by  proxy,  unless  all  assessments  due  are  paid. 
If  any  instalment  or  assessment  of  stock  shall  remain  un- 
paid for  sixty  days  after  the  time  it  may  be  due  or  sj)eciliod 
in  the  call  ordered  by  the  directors,  whether  such  stock 
is  held  by  the  ori^i^inal  subscriber  or  by  assignee  or  trans- 
feree, the  same  may  bo  collected  by  action'  of  debt ;  the 
directors   or  treasurer    may  at  their  option  servo  upon 
sucb  delinquent  stockholders,  if  resident  of  this  territory, 
a  note  of  thirty  days'  notice  in   writing,  or  in  case  he 
may  not    bo    a  resident  or  not  found,  ^nblish  in  some 
newspaper    printed    in    this    territory   or   state,   a    like 
^^_  notice  that  such  instalment  is  due  and  unpaid';  and  if 
"  said  instalment  on  such  stock  shall  not  be  j^aid'  wiihin 
thirty  days   after    expiration    of  such   notice,    and  all 
charges  and  expenses    in   the    proceedings    herein    pre- 
scribed, be  paid  to  the  treasurer,  then  such  stock,  and 
all  the  right,  title  and  interest  of  such  subscriber,  assignee 
or   transferee    therein,    by   virtue    of  such  failure, ""and 
without  further  action   by  said  company,  shall  become 
forfeited,   and  may   bo   disposed  of  or  snld,  as  deemed 
expedient,  and    the  balance  due  on  said  stock  may  be 
recovered  by  action  of  debt  in  any  district  court  in  this 
territory  or  state,  or  other  states..    The  stockholders  of 
any  company  may  at  any  duly  called  meeting,  determine 
the  amount  of  stock  to  be  issued,  which  shall  not  exceed 
the  cost  and  equipment  of  such  rail-road;  and  mav  re- 
duce the  capital  stock  of  any  such  company,  if  dee'med 
expedient,  and  return  and  cancel  same,  to*^  the  amount 
that  may  bo  determined  by  a  vote  of  tho  stockholders 
at  any  meeting  duly  held  and  voted  on  therein. 

{Six.  57.  (Vi.)  That  any  rail-road  company  iu  this 
territory  or  state  accepting  tho  provisions  of  this  act,  an<l 
tiling  such  acceptance  with  tho  secretary  of  this  state  or  . 
territory,  may  be  and  they  hereby  are  authorized  and 
Empowered  to  make  any  running,  traffic  or  business 
arrangement  with    any  other    rail-road  companv  :    mav 


connect  with  any  rail-roaJ  at  any  point  of  tlicir  reapcc- 
tive  linea  or  routes,  by  proper  switches  or  turn-outs,  as 
may  bo  agrceil  ujmn  by  them  ;  may  unite  tlicir  capital 
stock,  and  may  a]>ply  any  amount  of  Ibcir  capital  btock 
to  any  specified  section  of  their  rail-road  or  wa^on-road, 
a^  may  be  determined  by  the  stockholders  at  any  meetin^^ ; 
may  consolidate  their  stock  with  any  rail  road  company 
in  this  territory  or  state,  or  in  any  adjoining  territory  or 
state;  may  elect  at  any  meeting  of  the  stockholders  of 
such  company  or  companies,  if  not  less  than  seven  ncr 
more  than  thirteen  directors,  as  may  be  determined  at 
such  meeting ;  may  change  or  assume  such  corporate 
title  as  may  be  determined  at  any  meeting  duly  held 
and  then  acted  on  therein,  whicli  is  Ijcreby  grantcil  as 
the  duly  organized  company  and  legally  existing  for  all 
purposes  whatever ;  may  transfer  any  existing  or  other 
s\ibscriptiuns  of  stock  in  such  companies  and  the  author- 
ized issue  of  bonds  by  any  county,  city  or  town,  which 
shall  bo  binding  and  legal  on  such  counties,  cities  or 
towns,  as  if  no  consolidation  uf  such  com])anies  or  change 
in  corporate  title  were  made ;  the  filing  of  such  acts  and 
proceedings  under  the  hands  and  seals  of  the  c-fticurs  o! 
such  companies  with  the  secretary  of  this  territory  or. state, 
would  be  evidence  of  such  acts  and  proceedings  under 
the  provisions  of  this  act,  and  the  certificate  of  the 
secretary  of  this  territory  or  state  shall  be  deemed  ^)/"/7/i'/ 
facie  evidence  of  such  organization  and  proceedings,  ami 
legally  binding  and  in  force  for  all  j)urpo5es  hereii. 
mentioned. 

Sec.  6S.  (VII.)  This  act  and  the  provisions  thereof  are 
intended  to  aid  and  promote  the  mining,  nianufacturiui: 
and  industrial  interests  of  this  territory  or  state,  and  fui 
its  public  improvement;  and  may  be  made  availalde  foi 
such  purposes  to  any  companies  who  may  accej)t  it,  an«l 
file  such  acceptance  with  the  secretary  of  tlii-  territory 
or  state. 

8ec.  59.  (VIII.)   The  provisions  of  this  act  shall  al 


apply  to  any  mil-road  company  now  organized,  or  that 
may  hereafter  bo  organized  in  this  territory,  unless  an 
acceptance  of  the  same  shall  first  bo  iiled  by  said  rail- 
road coni]>any  with  the  secretary  of  the  territory,  nor 
shall  its  provisions  in  any  way  interfere  with  or  apply  to 
any  proceedings  taken  for  issuing  county  bonds,  or  for 
making  county  subscriptions  to  tho  capital  stock  of  any 
|rail-road  company  taken  or  made  between  the  lirst  day 
of  December,  1SG7,  and  the  lirst  of  February,  1868. ' 

Skc.  go.  (IX.)  This  act  shall  tal<c  eflect  from  and  after 
its  passage. 


AN  ACT 


TO  AMKM)  AN  ACT  TO  ENABLE  ROAD,  DITCU,  JIANUFACTUR- 
INO  AND  OTUKU  COMPANIES  TO  BECOMI':  IJODIES  COKPOKATE, 
AND  TUE  SEVERAL  ACTS  AMENDATORY  THERETO.  AP- 
PROVED   DECEMBER    27,    1867.) 

Be  it  enacted  hy  the  Council  and  House  of  liepresen- 
tativcs  of  Colorado  Territory: 

Se<\  G1.  (I.)  That  any  rail-road  company  that  may  have 
been  or  may  hereafter  bo  organized  under  the  provi- 
sions of  tho  act  to  enable  road,  ditch,  manufacturing  and 
other  companies  to  become  bodies  corporate,  and  the 
-cveral  acts  amendatory  thereto,  shall  have  the  power  to 
lease  the  road  of  said  company,  with  all  its  machinery, 
depot  and  depot  grounds,  and  all  other  appliances  and 
property  necessary  to  the  successful  operation  and  main- 
tenance thereof,  to  any  other  rail-road  company  or  re- 
sponsible parties,  on  such  terms  and  for  such  length  of  time 
as  shall  be  agreed  upon  by  the  trustees  of  said  rail-road 
company,  or  to  consolidate  said  company  with|ply  other 
rail-road  company :  Provided^  That  the  consummation  of 


bucli  lottso  or  congoliila\tioii  shall  not  take  circct  until  af- 
ter the  terms  and  conditions  thereof  shall  have  been  ap- 
proved hy  a  vote  of  a  two  thirds  majority  of  the  stock  of 
said  comj>any,  at  a  stockholders'  ineetini^,  to  he  called 
for  the  purpose  by  the  trustees  of  the  conii)any,  of  which 
njcclinjr  at  least  thirty  days* notice  shall  be  given  to  each 
stockht»lder  by  a  note  to  his  address  being  de}>osited  in 
the  post-ollice,  and  by  publication  in  one  or  more  news- 
papers published  at  a  ]>laco  in  the  territory  where  said 
company  has  its  principal  ]>lace  of  business;  and  if  th< 
votes  of  a  two-thirds  majority  of  the  sbarcsofthe  stock 
of  said  company  sliall  be  in  favor  of  such  lease  or  con- 
solidation, the  same  shall  bo  held  to  be  ratified  and 
confirmed. 

Skc.  C2.  (II.)  That  all  such  rail-road  companies  shall 
have  the  power  and  authority  to  borrow  money  for  the 
purpose  of  aiding  in  the  construction,  o]>cration  and  main- 


tenance of  theii 


interest  as  shall  be 


agreed  upon  by  the  trustees  of  said  company,  not  exceed- 
ing ten  per  centum  per  annum,  and  to  execute  a  trust 
deed  or  mortgage  in  their  discretion  uj.on  the  road  of 
said  company,  its  depots,  depot  grounds,  rolling  stuck, 
which  shall  be  considered  realty,  and  such  other  prii{>erty 
or  lands  as  it  shall  be  lawtully  i)ossessed  of,  with  power 
of  sale,  to  secure  the  payment  of  such  loan  or  loans. 

Skc.  03.  (111.)  That  all  such  rail-road  companies  shall 
have  the  power  to  accept  donations  ul  lots  and  lands  for 
the  purposes  of  right  of  way  or  depot  grounds,  to  be  dis- 
posed of  and  conveyed  in  their  discretion  to  aid  in  the 
construction,  operation  or  maintenance  of  their  road; 
and  when,  in  ])ursuanco  of  the  ]»rovisions  of  the  acts  to 
which  this  act  is  amendatory  and  supplementary,  any 
such  rail-road  company  shall  acquire  by  condemnation 
any  land  for  right  of  way  or  depot  grounds,  the  right 
and  title  to  said  lands  shall  be  and  remain  in  said  com- 
pany, their  successors  or  assigns,  so  long  as  they  shall  1  c 


lield  and  used  for  the  purpoi^cs   for  wliicli   they    were 
acquired. 

Sk(\  64.  (ly.)  It  sliall  1)0  lawful  for  the  hoard  of  county 
commissioners  of  any  county  in  this  territory  within  the 
hounds  of  which  any  part  of  the  road  of  any  such  rail- 
road company  shall  he  located,  to  suhscrihc  to  the  ca])i- 
tal  stock  of  said  company,  and  issue  the  hondsof  said 
county  in  payment  for  said  stock,  hearing  not  to  exceed 
eight  per  cent.  ])er  annum  intei 
of  time  as  shall  he  ordered  hy  said  hoard  (d' county  com- 
missioners: Provided,  That  said  suhscription  shall  ho 
approved  hy  the  legal  voters  of  said  county  at  an  election 

_  to  he  called  hy  said  commissioners  for  the  piirpose,  puh- 
lic  notice  of  which  shall  he  i)ul)lishcd  at  least  three  weeks 
prior  to  the  day  of  such  election  in  all  newspapers  puh- 

'  lished  in  said  county.;  or  in  case  no  such  paper  is 
puhlished  in  said  county,  said  notice  sliall  he  posted  at 
the  usual  place  of  holding  elections  in  each  election  pre- 
cinct in  said  county  at  least  three  weeks  prior  to  said 
election.  Such  election  shall  he  held,  conducted,  and 
the  vote  returned  and  canvassed  according  to  the  laws 
of  the  territory  regulating  elections.  And  if  upon  the 
canvass  of  the  votes  cast  at  any  such  election,  it  shall  he 
found  that  a  majority  of  all  the  votes  cast  are  in  favor  of 
said  suhscription,  the  county  commi.-sioners  shall  make 
the  same,  and  issue  the  honds  of  the  county  in  payment 
therefor. 

Sei'.  65.  (V.)  That  whenever  the  county  commissioners 
of  any  county  in  this  territory  shall  issue  honds  for  the 
payment  of  any  suhscription  to  the  capital  stock  of  any 
such  rail-road  comj^my,  it  shall  he  the  duty  of  the  coun- 
ty commissioners,  or  the  authority  doing  county  husiness 
in  said  county,  annually  thereafter,  so  long  as  any  of  said 
honds  shall  he  outstanding,  to  levy  upon  the  taxahle. 
property  of  said  county  a  special  tax  sufficient  in  amount 
to  pay  the  accruing  interest  on  said  honds,  which  tax 
shall  he  collected  as  other  county  taxes  are  by  law,  and 


the  proceeds  thereof  shall  bo  paid  in  liquiihition  of  tli* 
interest  npon  such  bomls  in  the  manner,  at  the  time  or 
times,  and  at  such  phico  or  places  as  shall  be  provided  for 
therein  ;  and  in  case  any  surplus  of  said  tux  shall  re- 
main in  any  year  after  paying  such  interest,  the  same 
shall  be  applied  to  the  purchase  of  the  said  bonds  for 
cancellation. 

Skc.  66.  (VI.)  The  term  of  existence  of  all  rail-road  codq 
panies  shall  not  exceed  fiftv  vears.  _^ 


AN  ACT 


AMENDATORY  OF   AX  ACT,  ENTITLED  AN  ACT  TO   ENABLE  ROA! 
DITCH     AND     OTHER     MANUKACTLRWO     COMPANIES     TO    UE- 
COME  UODIKS  CORPORATE.       (aPPKoVKD  JANUA&Y  10,  lS6fi.> 

Beit  cnacttd  by  the  Council  and  IJou&e  of  JRepre^enta- 
tives  of  Colorado  'Territory: 

Sec  71.  (I.)  That  in  all  cases  where,  nmlcr  the  provi- 
sions of  the  act  to  Avhich  this  act  is  amendatory,  and  the 
several  acts  amendatory  of  the  same,  any  persons  shall 
be  incorporated  for  the  purpose  of  manutacturing  illumi- 
nating gas  for  the  supply  of  the  inhabitants  of  any  incor- 
porated city,  and  lighting  the  streets  thereof,  the  mayor 
and  city  council  of  such  incorporated  city  are  hereby 
empowered  to  authorize  such  incorporated  company  to 
excavate  so  much  of  the  streets  of  said  city  as  may  be 
necessary  to  lay  down  street-pipes  for  conducting  illumi- 
nating gas,  as  well  as  for  the  repairs  of  said  street-pipes 
from  time  to  time,  under  such  regulations  as  said  mayor 
and  city  council  may  deem  adetiuatc  for  the  prevention 
o!  injury  to  persons  or  ]>roperty. 

Skc.  72.  {l\.)  It  shall  be  lawful  for  any  corporation 
whose  object  shall  be  to  supply  illuminating  gas  to  any 


city  or  the  inhabitants  thereor,  to  lease,  purchase,  hoUi 
and  convey  such  coal  lands  within  this  territory  as  said 
cor])oration  may  deem  necessary,  tor  the  purpose  of  sup- 
plying their  works  with  coal  for  the  manufacture  afore- 
said; and  Paid  corporation  shall  also  have  power,  and  is 
hereby  authorized  to  sell  coal  known  as  coke,  or  the  coal 
from  which  the  illuminating  gas  shall  have  been  extract- 
ed, as  Avell  as  other  coal  from  the  company's  mines  on 
their  said  lands. 

Sec.  73.  (III.)  Any  corporation  which  shall  expend  the 
sum  of  fifty  thousand  dollars  in  money  within  eighteen 
months  after  the  date  of  the  certificate  of  incorpoiation 
in  the  purchase  of  an  eligible  site  for  the  company's 
works,  and  for  Liie  purchase  of  conducting  pipes  and  other 
necessary  ajiparatus,  and  for  labor  in  and  about  the  con- 
struction of  said  work,  exclusive  of  salary  of  officers, 
such  corporation  shall  have  the  exclusive  right  and  privi- 
lege of  supplying  biiid  city  and  the  residents  and  inhabit- 
ants thereof  with  illuminating  gas  during  the  period  ot 
the  legal  existence  of  said  corporation:  J'rouideJ,  That 
it  shall  not  be  lawful  for  such  company  to  charge  or  col- 
lect from  said  city,  or  the  inhabitants  thereof,  a  greater 
sum  of  money  than  six  dollars  for  each  and  every  one 
thousand  cubic  feet  of  gas  sold  and  delivered  by  said  cor- 
poration, for  the  term  of  ten  years  from  and  after  the  date  of 
the  certificate  of  incorporation  ;  and  for  and  during  the 
next  succeeding  term  of  ten  years  a  sum  of  money  not 
greater  than  five  dollars  for  each  and  every  one  thousand 
cubic  feet  of  gas  sold  and  delivered;  and  for  and  during 
the  residue  of  the  term  of  existence  of  said  corporation, 
a  sum  of  money  not  greater  than  four  dolhirs  for  each 
and  every  one  thousand  cubic  feet  of  gas  sold  and  deliv- 
ered;  VLwd  Provided  further^  That  said  com])any  shall, 
within  two  years  from  the  date  of  the  certificate  of  incor- 
poration, lay  down  in  the  streets  of  said  city  at  least  tWo 
miles  of  street-pipes  for  the  supi)ly  of  illuminating  gas  to 
said  citv  and  the  inhabitants  therein. 


Sec.  74.  (IV.)  Whenever  any  such  corporation  shall 
not,  within  one  year  after  the  date  of  the  certiticatu  of  in- 
corporation, oonimem'o  ti>  erect  their  works  for  tlio  manu- 
facture of  gas,  and  within  said  first  year  shall  not  exi>en(l 
in  money  at  least  the  sum  of  twenty  thousand  dollars  in 
the  purchase  o(  an  eligible  site  for  the  erection  o\'  said 
company's  works,  and  also  for  the  purchase  of  strect-j-ipes 
and  other  necessary  apparatus,  and  for  work  and  labor 
done  in  and  about  the  ereelion  of  works  for  the  manufac- 
ture of  gas,  exclusive  of  salaries  to  officers  of  said  corpora- 
tion, the  said  corporation  shall  thereupon  be  deemed  to 
be  dissolved,  and  the  corporate  existence  of  said  company 
immediately  cease  and  determine. 

Sec.  To.  (V.)  For  the  j^urposo  of  ascertaining  whether 
or  uot  any  corporation  created  under  the  act  to  which 
this  act  is  ameiuhitorv,  and  the  several  acts  amendatory 
thereto,  and  also  under  the  foregoing  provisions  of  tliis 
act,  shall  have  in  good  faith  laid  out  and  expended  the 
sum  of  tifty  thousand  dolhirs,  as  is  provided  in  section 
three  of  this  act,  or  the  sum  of  twenty  tlu>usand  dollai-s, 
s  is  provided  in  section  four  of  this  act,  tlie  trustees  ot 
said  corporation  shall  report  in  detail  the  items  of  expen- 
diture to  the  mayor  and  city  council,  which  items  shall 
be  taken  from  the  books  of  said  corporation,  and  shall  be 
verilied  by  the  oaths  of  one  or  more  of  said  trustees;  and 
a  failure  to  make  report  as  above  provided,  showing  an 
expenditure  of  the  sum  of  fifty  thousand  dollars  in  good 
taith,  with  nece^8ary  vouchers,  if  callcil  for  by  the  mayor 
and  city  council,  within  eighteen  months  after  tiie  date 
of  the  certiticate  of  incorporation,  shall  bo  held  and 
deemed  to  work  a  forfeiture  of  the  exclusive  right  and 
privilege  mentioned  in  section  three  of  this  act ;  and  r 
failure  to  make  such  report  as  above  provided,  showin« 
an  expenditure  of  the  sum  of  twenty  thousand  dollars  in 
like  ^^ok}<\  faith,  with  necessary  vouchers,  if  called  for  by 
the  mayor  and  city  council,  within  one  year  next  ensuing 
the  date  of  the  certiticate  of  incorporation,  shall  1 


emed  to  work  a  forfeiture  of  all  rii^lits  and  privi- 
lopjes  under  said  cortiticato  of  incorporation,  and  the  said 
corporation  shall  thereupon  be  dissolved  and  immediately 
cease  and  determine. 

Skc.  7(5.  (VI.)  The  mayor  and  city  council,  after  the 
period  of  two  years  from  the  date  of  the  certificate  of  in- 
corporation, may  require,  by  resolution  or  ordinance,  .s:iid 
corporation  to  extend  the  line  of  street-pipes,  for  conduct- 
inoj  gas  to  the  inhabitants  of  said  city,  a  distance  not 
exceedino:  two  miles,  in  addition  to  the  two  miles  herein- 
before required  to  bo  laid  down  through  such  streets  as 
said  mayor  and  city  council  may  designate,  having  re- 
gard to  the  accommodation  of  the  greatest  numbel-  of 
householders  in  the  selection  of  the  streets  so  to  bo  desig- 
nated ;  and  the  said  con4)any  shall,  within  one  y^r  after 
iio.icc  of  the  resolution  or  ordinance,  complete  the  said 
line  of  extension  fur  the  distance  of  two  miles  as  afore- 
said ;  and  a  failure  to  comj)lete  t!ie  said  extension  accord- 
ing to  tlie  terms  ot  the  resolution  or  ordinance  aforesaid, 
shall  authorize  and  emi)Ower  the  mayor  and  city  council 
to  reduce  the  price  to  be  charged  and  collected  by  said 
corporation  for  each  one  thousand  cubicfeet  of  gas  sold 
and  delivered,  to  the  sum  of  five  dollars,  after  the"expira- 
tion  of  three  years  from  and  after  the  date  of  the  certiti- 
eate  of  incorporation,  anything  in  the  provisions  of  tliis 
act  to  the  contrary  notwithstanding:  Provided,  hoioever^ 
Tiiat  nothing  in  this  section  shall  be  construed  to  author- 
ize the  charge  or  collection  of  more  than  four  dollars  for 
each  and  every  one  thousand  cubic  feet  of  gas  sold  and 
delivered,  as  hereinbefore  provided,  af\er  the  term  of 
twenty  years  from  and  after  the  date  of  the  certificate  of 
incorj)oration. 

^i:c.  77.  (VII.)  The  term  of  existence  of  every  corpora- 
tion authorized  to  be  created  for  the  purpose  of  manufac- 
turing illuminating  gas,  shall  not  exceed  thirty  years. 


AN    AC  r 


AMENPATOKYOF    CUAl^TKK    '"   IIBpilll  81AT- 

rn;s  ok  Colorado,  co^'Oh:KNIXG  corporations. 


Be  U  aiacUil  by  the  Coufu 
f.i  :.'.  V  ,.f  Colomdo  Ttiritory 


Rfrpre^fai- 


^Kc.  1.  riiat  in  addition  to  tho  companies  or  corpora- 
tions which  may  now  be  forinoJ  or  ori^anized  under  the 
provisions  of  the  act  to  which  this  is  amendatory,  any 
three  or  more  persons  may  associate  thejnselvA?s  together 
iV>r  the  pnrp.>so  offiTmin^ir  an  incorporated  eompany,  for 
the  purpose  of  aidini;,  oncouraginn-  an  1  inducing  inimi- 
gratiou   to     this    territory ;   and  inpany,   when 

organized  according  to  the  provisions  oi  this  act,  may 
purchase,  acquire,  hold,  possess,  sell,  convey  and  dispose 
ot  lands,  town  lots  and  other  p.ropertv,  whether  real,  per- 
sonal or  mixed. 

^Ki.  2.  Such  incorporated  c^  .ui-.^i^..^  Miai  bo  formed 
and  organizeii  in  the  same  manner  as  required  by  section 
one,  of  the  chapter  to  which  Uiis  net  is  amendatory ; 
and  the  provisions  of  said  chapter,  and  all  acts  amenda- 
tory thereto,  shall  apply  to  snoli  in.-orporated  company 
as  tar  as  the  same  are  applica  i  such  incorporated 

companies  shall  be  invested  \miii  and  entitled  to  the 
same  powers,  rights  and  privi:o_:os  as  any  other  com- 
panies whieh  have  been  or  i  ncorporated  under 
such  chapter,  or  any  of  the  aois  aauadatory  thereto. 

Skc.  o.  Any  conjpany  termed  and  organized  under 
the  provisions  of  this  act,  may  continue  in  existenco  for 
the  period  of  thirty  yeai-s. 

Sec.  4.  That  the  said  c... .......  ......  vvnimence  busi- 
ness as  soon  as  its  capital  stock  shall  be  fully  subscribed* 


and  that  tho  same  may  bo  issued  in  whole  or  in  part 
for  tlie  purchrtso  of  real  estate  and  other  property  within 
this  territory,  and  the  said  company  may  create  and 
issue  it;5  bonds  or  obliijations  secured  by  morti^aije  upon 
its  property  and  tVanchises,  or  otherwise,  and  dispose  of 
the  same  upon  such  terms  as  to  tlio  company  may  seem 
advantfti^eous,  and  may  make  tho  principal  and  interest 
tliereof  payable  at  any  or  all  oi  the  olHcos  of  tho  com- 
pany, and  may  exchange  any  portion  of  tho  lands  or 
property  for  such  bonds,  attor  tlio  same  havo  been  dulv 
issued. 

(Signed,)        iciLoKOE  AN\  Mii.LKK, 

S^hidtr  of  the  Ilouitcof  Ji\'j>resen(ati'ves, 
(Signed,^  Gkokge  A.  IIinsdali:, 

PresUt/U  of  the  Council. 


\Vo  hereby  certify,    that   we  have  examined  tho  en- 
rollment oi  the  within  bill,  and  tind  the  sauic  correctlv 
enrolled. 

^Signed,)  CiKo.  W.  Manx, 

Chainnan  House  Committee, 

(Signed,)  AViLMwi  M.  KowoKTir, 

Chairman  Council  Committee, 


1  conity,  tliat  an  act  amendatory  of  ciiapior  eighteen 
of  Kevised  Statutes,  oi'  whicli  the  within  and  toregoing  is  a 
correct  enrollment,  originated  in  the  Legislatflvo  Council 
of  Colorado  Territory,  during  its  eighth  session,  convened 
at  Denver,  January  3d,  A.  i>.  1S70. 

(Signed,)  A.  O.  rArimwoN, 

Secretary  of  the  Council. 
Approved  February  11th,  1S70. 

(Signed,'^  KinvAKD  M.  McCtx^K, 

Governor. 


